P.R. House of Representatives Bill 1645
On June 6, 2018, representative Carlos J. Méndez Nuñez introduced H.R. Bill 1645 to add new Articles 27.164 and 27.165, and to amend Article 38.050 of Act No. 77 of June 19, 1957, known as the Puerto Rico Insurance Code, in order to provide citizens with additional civil remedies and protections in case of insurance companies non-compliance with certain provisions of the Insurance Code. This bill was approved by the House of Representatives on August 20, 2018 and sent to the Senate on August 23, 2018, which proposed amendments to the bill. The House of Representatives approved the final text of the bill on October 29, 2018. It was signed by the President of the House of Representatives on November 5, 2018 and by the President of the Senate on November 6, 2018.
The proposed bill enables a citizen who suffers damages as a consequence of violations of certain Insurance Code articles, after notifying the Commissioner and having exhausted the administrative remedies, to initiate a civil action against an insurance company. These provisions include violations to the limitation of cancellation by the insurance company; unfair competition and unfair, deceitful and prohibited practices; misrepresentation; obligation to inform insurance policy coverage; term for the final resolution of claims; among others. A successful claimant may be awarded attorney fees.
The addition of the article would also enable the Commissioner of Insurance to initiate a civil action against an insurance company for not attempting to resolve a claim in good faith; make payment of claims without a written declaration of the coverage; and not resolving claims with promptness.
If you have any questions about H.R. Bill 1645 feel free to contact us at your convenience at (787) 765-5656.