Asociación de Suscripción Conjunta del Seguro de Responsabilidad Obligatorio v. Juarbe-Jiménez

720 F. Supp. 2d 152, 2010 U.S. Dist. LEXIS 63586, 2010 WL 2653286
CourtDistrict Court, D. Puerto Rico
DecidedJune 25, 2010
DocketCivil No. 08-2261 (JP)
StatusPublished
Cited by2 cases

This text of 720 F. Supp. 2d 152 (Asociación de Suscripción Conjunta del Seguro de Responsabilidad Obligatorio v. Juarbe-Jiménez) is published on Counsel Stack Legal Research, covering District Court, D. Puerto Rico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Asociación de Suscripción Conjunta del Seguro de Responsabilidad Obligatorio v. Juarbe-Jiménez, 720 F. Supp. 2d 152, 2010 U.S. Dist. LEXIS 63586, 2010 WL 2653286 (prd 2010).

Opinion

OPINION AND ORDER

JAIME PIERAS, JR., Senior District Judge.

Before the Court is Plaintiff Asociación de Suscripción Conjunta del Seguro de Responsabilidad Obligatorio’s (“Association”) motion for summary judgment (No. 55), and Defendant’s opposition thereto (No. 59). Also before the Court is Defendant Dorelisse Juarbe-Jiménez’s (“Juarbe”) motion for summary judgment (No. 56) and Plaintiffs opposition thereto (No. 61). Plaintiff brought the instant action pursuant to 42 U.S.C. § 1983 (“Section 1983”) alleging violations of the Fifth Amendment’s Takings Clause by Defendant Juarbe, Insurance Commissioner of the Commonwealth of Puerto Rico. For the reasons stated herein, Defendant’s motion for summary judgment is hereby

[154]*154GRANTED and Plaintiffs motion for summary judgment is hereby DENIED.

I.MATERIAL FACTS NOT IN GENUINE ISSUE OR DISPUTE1

The following material facts were deemed uncontested by all parties hereto at the September 9, 2009, Initial Scheduling Conference (No. 49).2

1. On December 27, 1995, the Commonwealth of Puerto Rico enacted the Compulsory Motor Vehicle Liability Insurance Act, P.R. Act No. 253, P.R. Laws Ann. tit. 26, §§ 8051 et seq.
2. The Association was created by Act 253, P.R. Laws Ann. tit. 26, § 8051 et seq.
3. The Association was created by law to address a social problem Puerto Rico was confronting with citizens not being compensated for the damages of their vehicles caused by third parties without insurance. See Act 253, codified at P.R. Laws Ann. tit. 26, § 8051.
4. Effective January 10, 1998, this Act required all motor vehicles which travel on public thoroughfares to be covered by liability insurance with certain minimum requirements established therein.
5. The Association is an insurer that is private in nature, for profit, and subject to the provisions of the Insurance Code applicable to stock insurers. It was endowed by law with artificial personality and the following corporate powers: (i) to have succession in its name as an artificial person for the duration of its existence; (ii) to sue and be sued in its own name; (iii) to have and use a seal as a juridical person; (iv) to acquire, hold, hypothecate, convey, and otherwise manage, use, and dispose of real and personal property; (v) to transact insurance; (vi) to conduct its affairs through its directors, officers, employees, and representatives duly thereunto authorized; (vii) to make, modify, and rescind bylaws governing its corporate procedures and the conduct of its affairs; (viii) to exercise, subject to law and the express provisions of the articles of incorporation, all such incidental and subsidiary powers as may be necessary or convenient to the attainment of the objectives set forth in such articles; and (ix) the power to negotiate all those contracts that are pertinent, to carry out its purposes. P.R. Laws Ann. tit. 26, §§ 2905, 8055; Rule LXX, Art. 2(c).
6. The Association provides compulsory liability insurance to all drivers who do not actively opt out of the compulsory liability insurance scheme by purchasing traditional liability insurance with comparable or better coverage.
7. To enforce the compulsory nature of the liability insurance system, the Act requires that at the time of issuance or renewal of a motor vehicle’s license, every motor vehicle owner must either provide evidence of coverage under a traditional liability insurance policy or pay the corresponding insurance premiums to the Secretary of the Treasury.
[155]*1558. The statute provides for the Secretary of the Treasury to transfer to the Association the total amount of the compulsory liability insurance premiums received by said official, less a fee for the collection services.
9. Act 253 provided that the members of the Association shall share in the profits and losses thereof, in the percentage that the direct net premiums underwritten in Puerto Rico for motor vehicle insurance during the previous year for each one of the insurers represents the total of the direct net premiums underwritten in Puerto Rico during said year for that type of insurance. P.R. Laws Ann. tit. 26, § 8055(e).
10. Act 253 provides that the premiums are going to be distributed to the members of the Association and Association itself in the form and manner provided by the Insurance Commissioner.
11. Act 253 provides that the operative and administrative expenses of the Association are going to be deducted from the portion of premiums apportioned to the Association pursuant to the aforementioned distribution.
12. Act 253 states that the Insurance Commissioner shall provide through regulations the manner and form in which the distribution of the total amount of the premiums received by the Association from the Secretary of the Treasury shall be carried out. P.R. Laws Ann. tit. 26, § 8055(c).
13. On October 18, 1996, the Insurance Commissioner issued Rule LXIX. See Regulation No. 5493 of October 18, 1996.
14. With regards to the participation of the members of the Association in its profits or losses, Rule LXIX provided that:
The Association shall determine annually its profits and losses in accordance with the Annual Statement required pursuant to Article 3.310 of the [Insurance Code].
The Members shall share in the annual profits and losses of the Association in the proportional participation of each of the Members for the year for which such profit or losses are determined.
Regulation No. 5493, Article 8(1), (2) (translation ours).
15. On December 28, 2000, Rule LXIX was amended generally and incorporated into Rule LXX. See Regulation No. 6254 of December 28, 2000.
16. The provision regarding participation in the Association’s profits and losses was amended to provide as follows:
The Association shall determine annually its profits and losses in accordance with the Annual Statement required pursuant to Article 3.310 of the [Insurance Code].
The members shall share in the annual profits or losses of the Association in the proportional participation of each of the members for the year for which such profits or losses are determined. With regards to the participation in the profits, the same shall not exceed the maximum percentage established in the premium dollar for the profit, applying the earned premiums for said year.
The profit for each year in excess of the amounts distributed due to the participation provided for in this paragraph shall be accumulated in a special reserve that shall be exclusively used for the future stabilization of the premiums of the compulsory liability insurance and the future expansion of [156]*156the benefits provided there under.

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720 F. Supp. 2d 152, 2010 U.S. Dist. LEXIS 63586, 2010 WL 2653286, Counsel Stack Legal Research, https://law.counselstack.com/opinion/asociacion-de-suscripcion-conjunta-del-seguro-de-responsabilidad-prd-2010.