Santiago v. Krol

69 P.R. 781
Supreme Court of Puerto Rico·Decided April 11, 1949·No. Nos. 0785, 9788-91·Published

Opinion

Mr. Justice Todd, Jr.,

delivered the opinion of the Court.

This suit involves five complaints to recover damages filed by Juan Santiago and four other persons 1 against Chester Krol and The Porto Rican and American Insurance [783]*783Company, as his insurer. It is alleged that due to the negligence of co-defendant Chester Krol in driving his automobile on April 26, 1946, along, the "highway which leads to Quebradillas he caused injuries to plaintiffs:

The co-defendant The Porto Rican and American Ins. Co. answered the complaints and denied liability for the damages caused by Krol because the latter, at the time of the accident, was not legally authorized to drive motor vehicles on the highway of Puerto Rico and also because while driving the automobile he was intoxicated, thereby violating clause III of the insurance policy which provided:

“III — This policy' does not cover ... (4) while said automobile or automobiles are being . . . (d) driven by any person while intoxicated, or (e) driven by any person not legally authorized.”

The defendant Krol denied the essential averments of the complaints.

At the trial the Porto Rican and American Ins. Co. did not assume the representation of codefendant Krol and appeared for the sole purpose of proving that it was not liable under the terms of the policy issued. The parties accepted as true the following facts:

(1) That the insurance policy contained an exclusion clause for accidents occurring while the automobile was being driven by a person not legally authorized.

(2.) That Chester Krol had a license to drive motor vehicles in the State of Illinois, but that it had expired on May 1, 1942.

(3) That Chester Krol at the time of the accident was not legally authorized to drive motor vehicles on the highways of Puerto Rico.

(4) That the accident occurred on a public highway of Puerto Rico.

(5) That the Porto Rican and American Insurance Co. was not aware that Chester Krol did not have a license to drive automobiles in Puerto Rico until after the accident [784]*784and that then it undertook to return the premiums paid by him which he did not accept.

The plaintiffs and the defendants introduced evidence and the court rendered judgment ordering the defendants Chester Kroll and the Porto Rican and American Ins. Co. to pay different amounts of money plus attorney’s fees for the damages caused to the five plaintiffs.

Feeling aggrieved by this judgment, the Porto Rican and American Ins. Co. took the present appeal in the five cases. The codefendant Chester Krol did not appeal.

In its first assignment appellant maintains that the lower court erred in holding that the company was liable in this case notwithstanding the fact that the assured Chester Krol was not legally authorized to drive vehicles in Puerto Rico.

In the insurance contract the Porto Rican and American Ins. Co., in § III, supra, stipulated the conditions which would exclude liability and the assured accepted them. One of those conditions was to the effect that the automobile had to be driven by a person duly authorized by law. It appears from the stipulation of the facts, admitted as true by the parties at the trial, that the assured Chester Krol, at the time of the accident, was not legally authorized to drive his automobile on the highways of Puerto Rico, thereby violating the aforesaid condition of the insurance contract.

The general rule is that the absence of a condition of this sort in the insurance policy does not prevent the insurance company from being liable, but if the condition exists, the company is not liable for the damages caused. 6 Blashfield, Cyclopedia of Automobile Law and Practice, Part I, § 3947, pp. 634-637 (Permanent Edition), where it is said, on p. 636:

“. . . Such a provision is not contrary to public policy, unreasonable or void, and under such a provision there can be no recovery when the accident occurred while the vehicle was being driven by an unlicensed driver, though the breach of such [785]*785provision was not a proximate cause of the accident, and though the law requiring a license- became effective after the policy was .issued.”

And also:

". . . there is no liability where the driver’s license had1' •expired, regardless of whether the violation increased the; hazard.”

In Giacomo v. State Farm Mut. Automobile Ins. Co., 280 N.W. 658 (Minn., 1938), under a policy which contained a. clause similar to the one in the present case, it was held that the policy did not cover the accident because it occurred while the automobile was being operated by an unlicensed person1.. On p. 655 it said:

“. . . The insurance policy defines the coverage. Except as-limited by statute, the parties are free to agree upon such terms as they may determine. There are no statutory restrictions to. prevent the parties from agreeing to an exclusion clause such as the one we have before us. The risks assumed may be.defined both by terms of inclusion and exclusion. ...”

And on page 656:

“No causal connection between the accident and the failure of the driver to have a driver’s license need be shown. The exclusion is based on contract, which excludes this risk without regard to causal connection. Where, as-here, the policy by its terms excludes a risk from the insurance, it is not necessary,, to make the exclusion effective, to show causal connection between the loss and the excluded risk. ...”

And lastly, on page 657:

“There is no reason for holding the exclusion to be unreasonable and void. Identical and similar exclusion clauses have been upheld in the cases which have been cited. The exclusion clause denies coverage to driving which the statutes prohibit. The policy merely adopted a distinction observed in the statutes. The legislature by statute declares the public policy of the state. Since the exclusion clause coincides with statutory prohibitions on driving, we cannot say that it is contrary to public policy or otherwise unreasonable. [Author[786]*786ities.] On the contrary, by excluding from the coverage of the policy those whom the statute excludes from the right to drive, it might be urged that%the insurance coverage conforms to the public policy of the state.”

To the same effect as the preceding construction upholding the validity of clauses of that nature, see State Farm, Mutual Ins. Co. v. Belshe, 112 S.W. 2d 954 (Ark. 1938) ; State Farms Ins. Co. v. Coughram, 303 U.S. 485 (1938) ; Holland Supply Corp. v. State Farm Mut. A. Ins. Co., 186 S.E. 56 (Va., 1936) ; Culley v. Farm Bureau Mut. Ins. Co., 69 N.E. 2d 19 (Ind., 1946) ; Zabonick v. Ralston, 261 N.W. 316 (Mich., 1935) ; Crahan v. Automobile Underwriters, 176 A. 817 (Pa., 1935) ; Standard Auto Ins. Ass’n. v. Neal, 251 S.W 966 (Ky., 1923) ; Mondou v. Lincoln Mut. Casualty Co. 278 N.W. 94 (Mich., 1938) ; Universal Indemnity Ins. Co. v. North Shore D. Co., 100 F. 2d 618 (C.C.A. 7, 1938).

Free access — add to your briefcase to read the full text and ask questions with AI

Santiago v. Krol, 69 P.R. 781 (prsupreme 1949).

69 P.R. 781 (Santiago v. Krol) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Travelers Protective Assn. of America v. Prinsen
291 U.S. 576 (Supreme Court, 1934)
State Farm Mut. Automobile Ins. Co. v. Coughran
303 U.S. 485 (Supreme Court, 1938)
Flannagan v. Provident Life & Accident Ins. Co.
22 F.2d 136 (Fourth Circuit, 1927)
State Farm Mutual Automobile Insurance v. Belshe
112 S.W.2d 954 (Supreme Court of Arkansas, 1938)
Culley v. Farm Bureau Mutual Insurance Co. of Indiana, Inc.
69 N.E.2d 19 (Indiana Supreme Court, 1946)
Mondou v. Lincoln Mutual Casualty Co.
278 N.W. 94 (Michigan Supreme Court, 1938)
Zabonick v. Ralston
261 N.W. 316 (Michigan Supreme Court, 1935)
Crahan v. Automobile Underwriters, Inc.
176 A. 817 (Superior Court of Pennsylvania, 1934)
Ziegler v. Ryan
280 N.W. 658 (South Dakota Supreme Court, 1938)
Holland Supply Corp. v. State Farm Mutual Automobile Insurance
186 S.E. 56 (Supreme Court of Virginia, 1936)
Universal Indemnity Ins. v. North Shore Delivery Co.
100 F.2d 618 (Seventh Circuit, 1938)