Consejo De Tit Del Cond Portal De Sofia v. Triple S Propiedad
KLCE202400490
Tribunal De Apelaciones De Pue...Jul 19, 2024Background
- The Portal de Sofía Condominium suffered damages during Hurricane María and filed an insurance claim with Triple-S Propiedad under an active commercial property policy.
- Triple-S initially offered $66,980.20, but their own adjuster later valued the damages at $318,580.32 and then $717,388.34 ($419,544.41 after deductions).
- The Condominium Board sued Triple-S for breach of contract, alleging unreasonable delays and failure to pay indisputable amounts owed under the policy.
- The trial court denied the Board's motion for partial summary judgment, finding that the payment amount was still in controversy and thus not liquid and owed.
- On certiorari, the Board sought reversal, arguing that the undisputed adjusted amount should have been ordered paid immediately per Puerto Rico's insurance code amendments after Hurricane María.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Triple-S owed immediate payment of $419,544.41 | The amount was undisputed, adjusted by Triple-S, and was liquidated | No payment due; amount not final, plaintiffs rejected offers | Payment of $419,544.41 is owed immediately as it is an undisputed, liquid amount per applicable law |
| Entitlement to interest for mora (delay damages) | Delay in payment constituted mora under the Civil Code | No mora; court never ordered payment, controversy existed | No interest for mora awarded; plaintiffs did not show defendant was in delay following a clear payment order |
| Award of interest under Rule 44.3(b) (legal/temerity) | Sought post-judgment or temerity interest | Not applicable—contract case, not damages or money case | Rule 44.3(b) not applicable to this breach of contract dispute |
| Entitlement to legal fees under Insurance Code Art. 27.165 | Fees are mandated upon prevailing on insurance claims | No entitlement; payment not ordered until now | Plaintiffs entitled to "reasonable attorneys’ fees" as prevailing party under the Insurance Code |
Key Cases Cited
- Carpets & Rugs v. Tropical Reps., 175 D.P.R. 615 (P.R. 2009) (adjuster's final estimate by insurer constitutes binding institutional position; payment of undisputed amounts required)
- Feliciano Aguayo v. MAPFRE, 207 D.P.R. 138 (P.R. 2021) (insurer may not retract from its own adjusted, undisputed claim estimates)
- Consejo Titulares v. MAPFRE, 208 D.P.R. 761 (P.R. 2022) (retroactive effect of amendments to insurance code applying to Hurricane María cases)