Ley 186 del 2007
Resumen
Esta ley enmienda el Código de Seguros de Puerto Rico para actualizar las disposiciones sobre la responsabilidad del asegurador, las acciones directas contra el asegurador y la defensa legal proporcionada por el asegurador. También aborda la responsabilidad de las entidades públicas aseguradas y la renuncia a la inmunidad gubernamental.
Contenido
(No. 186)
(Approved December 12, 2007)
AN ACT
To amend Articles 20.010 and 20.030, renumber Article 20.040 as Article 20.050 and create a new Article 20.040 in Chapter XX of Act No. 77 of June 19, 1957, as amended, known as the "Insurance Code of Puerto Rico," in order to adjust it to the jurisprudence in effect and to clarify certain provisions to render them more comprehensible and coherent.
STATEMENT OF MOTIVES
Chapter 20 of the "Insurance Code of Puerto Rico" was adopted through the approval of Act No. 77 of June 19, 1957, and has not been revised since May 26, 1966, when Article 20.030 was amended to add the second sentence regarding the fact that direct action against the insurer may only be exercised in Puerto Rico. The present amendment is made in order to update said Chapter and to incorporate some jurisprudential norms of the Supreme Court of Puerto Rico, as well as to clarify certain provisions to render them more comprehensible and coherent.
BE IT ENACTED BY THE LEGISLATURE OF PUERTO RICO:
Section 1.- Article 20.010 of Act No. 77 of June 19, 1957, as amended, is hereby amended to read as follows: "Article 20.010.- Insurer's Liability The insurer issuing a policy insuring any person against loss or damage through legal liability for bodily injury, death, or damage to property of a third person, shall become liable whenever a loss covered by the policy occurs, and payment of such loss by the insurer to the extent of its liability therefor under
the policy shall not depend upon payment by the insured of or upon any final judgment against him arising out of such occurrence, nor shall it depend upon said judgment." Section 2.- Article 20.030 of Act No. 77 of June 19, 1957, as amended, is hereby amended to read as follows: "Article 20.030.- Suits Against Insured, Insurer (1) Any individual sustaining damages and losses shall have, at his option, a direct action against the insurer under the terms and limitations of the policy, which action he may exercise against the insurer only or against the insurer and the insured jointly. The direct action against the insurer may only be exercised in Puerto Rico. The liability of the insurer shall not exceed that provided for in the policy, and the court shall determine not only the liability of the insurer, but also the amount of the loss. Any action brought under this section shall be subject to the conditions of the policy or contract and to the defenses that may be pleaded by the insurer to the direct action instituted by the insured. (2) In a direct action brought against the insurer by the person who suffered the damages, the former is barred from introducing those defenses of the insured based on the protection of the family unit or other similar immunities that are recognized in the legal system of Puerto Rico. (3) If the injured party brings suit against the insured alone, it shall not be deemed to deprive him of the right, by subrogation to the rights of the insured under the policy, to maintain action against and recover from the insurer after securing final judgment against the insured."
Section 3.- A new Article 20.040 is hereby created in Act No. 77 of June 19, 1957, as amended, to read as follows: "Article 20.040 - Legal Defense by the Insurer At the request of the insured that the insurer provide him/her the legal defense provided in the policy, the insurer shall have to respond, in accordance with Article 27.162 of this Code, whether or not the insurer shall provide said legal representation."
Section 4.- Article 20.040 of Act No. 77 of June 19, 1957, as amended, is hereby renumbered as Article 20.050 and amended to read as follows: "Article 20.050.- Liability Insurance on Public Entities (1) The obtaining of liability insurance by the Commonwealth of Puerto Rico, its agencies or entities, and by municipalities and other political subdivisions, shall not constitute or be deemed to constitute a waiver of governmental immunity, if any, from liability for actions or omissions in which there were torts committed by government agents and employees, except to the extent of the collectible indemnity actually provided by such insurance as to a particular occurrence. However, such waiver of immunity shall not be deemed to exist as to any claim or suit against such governmental entity, unless said entity expressly waives said immunity. (2) All such insurance policies shall provide that the insurer shall not assert the defense of governmental immunity in any action brought against the insurer under or by virtue of such policy. (3) The insurer shall have no right of subrogation against any governmental entity, its agents or employees, insured under such a policy by virtue of any loss paid by the insurer under the policy. However, it is provided that if another collectible liability insurance
exists provided by another insurer, the insurer may subrogate himself/herself against this other insurer."
Section 5.- This Act shall take effect immediately after its approval.
CERTIFICATION
I hereby certify to the Secretary of State that the following Act No. 186 (H.B. 3637) of the $6^{ ext {th }}$ Session of the $15^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to amend Articles 20.010 and 20.030, renumber Article 20.040 as Article 20.050 and create a new Article 20.040 in Chapter XX of Act No. 77 of June 19, 1957, as amended, known as the "Insurance Code of Puerto Rico," in order to adjust it to the jurisprudence in effect and to clarify certain provisions to render them more comprehensible and coherent, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $17^{ ext {th }}$ of March of 2008.
Francisco J. Domenech Director