Cruz Vélez v. Liverpool & London & Globe Insurance

79 P.R. 678
CourtSupreme Court of Puerto Rico
DecidedNovember 23, 1956
DocketNo. 11360
StatusPublished

This text of 79 P.R. 678 (Cruz Vélez v. Liverpool & London & Globe Insurance) is published on Counsel Stack Legal Research, covering Supreme Court of Puerto Rico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cruz Vélez v. Liverpool & London & Globe Insurance, 79 P.R. 678 (prsupreme 1956).

Opinion

Mr. Justice Marrero

delivered the opinion of the Court.

Sinee the above-entitled cases involve identical questions of fact and of law, they were heard jointly in the lower court as well as here. In both cases ample oral and documentary evidence was introduced and in both cases the lower court rendered judgment against defendants. They appealed and assign three errors allegedly committed by the lower court. We believe only the first error merits discussion.1 It alleges that the court erred “in holding that the releases or waivers signed by the plaintiffs, settling their claims with the defendants, were not valid.” Before passing to discuss that error, let us first examine the findings of fact, pertinent to the question involved, which are set forth in the opinion of the trial court in support of its judgment:

“1. — That defendants Great American Insurance Company and Liverpool and London & Globe Insurance Company, are two foreign corporations duly authorized to do insurance business in Puerto Rico, and both carry out their business through their general agent Compañía Carrión, Inc.
“2. — That the plaintiff Abraham de Jesús, on October 30, 1950, was the owner of a building used as a cafetín in Jayuya, which he had insured under a fire insurance policy for a maxi[680]*680mum liability of $10,000 issued by the defendant corporation The Great American Insurance Co., in favor of the plaintiff Abraham de Jesús, covering the loss that the insured building, as well as the merchandise and the equipment thereof might suffer on account of fire, the policy providing for a maximum liability up to $6,000 for loss as to the building, a $1,500 limit merchandise loss, and a $2,500 limit for loss in the equipment.
“3. — That plaintiff Agustín Cruz Vélez, on October 30, 1950, was the owner of a dry-goods store in Jayuya, Puerto Rico, which was insured under a fire insurance policy for a maximum liability of $4,000 issued by defendant corporation Liverpool and London & Globe Insurance Company, in favor of plaintiff Agus-tín Cruz Vélez, covering any fire loss on the dry goods in stock.
“4. — That on October 30, 1950, several persons went on a riot, and opened fire against the insular police station of Jayuya and against the policemen there on duty, burning the police station, and later the city hall; that the fire spread to the plaintiffs’ commercial establishments, destroying the dry goods insured by Agustín Cruz Vélez and partially destroying the insured building, merchandise, and equipment belonging to Abraham de Jesús.
“5. — That after these acts were performed, at 5 o’clock in the afternoon of that day, the incendiaries withdrew to the outskirts of the town of Jayuya abandoning the place.
“6. — That the two insurance policies issued in these cases contain a provision which copied verbatim reads as follows:
“ ‘This Company shall not be liable for loss by fire or other perils insured against in this policy caused, directly or indirectly, by: (a) enemy attack by armed forces, including action taken by military, naval or air forces in resisting an actual or an immediately impending enemy attack; (&) invasion; (c) insurrection; (d) rebellion; (e) revolution; (/) civil war; (g) usurped power; (h) and order of any civil authority, with the exception of acts of destruction at the time of and to prevent the propagation of a fire, whenever said fire has not been originated by any of the risks excluded in this policy.’
“8. — That after the fire in question, plaintiffs Agustín Cruz Vélez and Abraham de Jesús filed their claims with the insurance companies, defendant herein, and the latter sent their representative, Benjamin Acosta, to examine the destroyed property; that Benjamin Acosta was an insurance adjuster with [681]*681vast knowledge of the insurance law, and on the contrary the plaintiffs Agustín Cruz Vélez and Abraham de Jesús were laymen as regards insurance, being fully ignorant of the Insurance Law; and the court concludes that the adjuster of the insurance companies, Benjamin Acosta, availing himself of his vast knowledge and of the ignorance of plaintiffs Agustín Cruz Vélez and Abraham de Jesús, made them believe that the fire in Jayuya was set in consequence of an insurrection or revolution, and that, therefore, the insurance companies were not liable for such fire losses, and that plaintiffs did not have any right whatsoever to make any claim against the defendant corporations on account of the fire.
“9. — That plaintiffs Abraham de Jesús and Agustín Cruz Vélez believed the statements of Benjamin Acosta, adjuster for the defendant insurance companies.
“That Mr. Benjamin Acosta, as representative and adjuster of the defendant corporations, drew a document to be signed by Abraham de Jesús, which copied verbatim reads:
“‘Voluntary Release Through Payment ex gratia — I, Abraham de Jesús, of legal age, insured under Policy No. 46609 of the Great American Insurance Company, by these presents withdraw all claim that I have or may have under said insurance contract and voluntarily waive institution of judicial or legal action against said Great American Insurance Company as a result of the damages suffered by the properties described in said policy as a result of the Nationalist insurrection or revolution in the months of October and November 1950.
“ T voluntarily waive my claim under this policy as I have accepted the sum of $250 from the Great American Insurance Company as payment ex gratia.
“ ‘The Great American Insurance Company has informed me that there is no liability whatsoever under the insurance contracts mentioned and I accept such decision as final, withdrawing forever my claim and waiving forever the right to institute judicial or legal action against said Great American Insurance Company for the damages suffered by the insured property under the aforesaid policy.
“ ‘In witness whereof, I affix my signature hereunto and swear to the present document in Jayuya, P. R., on the first day of February 1951.
“ ‘ (s) Abraham de Jesús
[682]*682“ ‘Aff. No. 3740
“ ‘Sworn to and subscribed before me by Abraham de Jesús, whom I personally know, on this first day of February 1951, in Jayuya, P. R.
“ ‘ (s) Celso Dávila
“ ‘Justice of the Peace’
“10. — That Abraham de Jesús, induced by Benjamin Acosta’s statement, which he believed, signed the document under the erroneous belief that he was not entitled to make any claim whatsoever against the insurance company on account of the fire which had destroyed his insured property in Jayuya.
“11. That Benjamin Acosta demanded that plaintiff Abraham de Jesús subscribe and swear to the former document before a notary or a public officer authorized to take an oath, as a prerequisite for the payment of $250 specified in that document.
“12.

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Cite This Page — Counsel Stack

Bluebook (online)
79 P.R. 678, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cruz-velez-v-liverpool-london-globe-insurance-prsupreme-1956.