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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-21/subchapter-i/2101/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 21 - Automobile Clubs or Associations and Service Contracts (§§ 2101 — 2134)›Subchapter I - Automobile Clubs or Associations (§§ 2101 — 2122)›§ 2101 - Definitions
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 21 - Automobile Clubs or Associations and Service Contracts (§§ 2101 — 2134) › Subchapter I - Automobile Clubs or Associations (§§ 2101 — 2122) › § 2101 - Definitions
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The following definitions shall apply to §§ 2101–2122 of this title:
(a) The term “automobile club” or “association”, as used in this subchapter, is hereby defined as follows: Any natural or artificial person that, as of the effective date of this act or thereafter, in consideration of a sum of money as quota or premium, as the case may be, or for any other consideration, agrees to render to its members, associates or insureds one or more of the services of interest to the autoist, hereinafter defined in this chapter. The provisions of this chapter shall not be applicable to labor unions, fraternities, or associations of public automobile drivers which render the services specified in § 2102 of this title, provided such services are rendered exclusively to the members of the unions, fraternities, or associations of public automobile drivers.
(b) Commissioner.— Means the Commissioner of Insurance of Puerto Rico, his assistants, or any other person authorized to act on his behalf.
(c) Service contract.— Means an agreement whereby any association, for a sum of money, agrees to render, to furnish or to procure services of automobile clubs to any person, whether or not a member of the automobile club or association.
(d) Agent.— Is the person, firm or corporation that solicits the purchase of service contracts for the benefit of automobile drivers or in any wise helps in the delivery or negotiation of any such contract, or in its renewal or continuation.
History —Ins. Code, added as § 21.010 on June 15, 1961, No. 68, p. 133; Sept. 8, 2000, No. 392, § 2.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-21/subchapter-i/2102/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 21 - Automobile Clubs or Associations and Service Contracts (§§ 2101 — 2134)›Subchapter I - Automobile Clubs or Associations (§§ 2101 — 2122)›§ 2102 - Services covered
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 21 - Automobile Clubs or Associations and Service Contracts (§§ 2101 — 2134) › Subchapter I - Automobile Clubs or Associations (§§ 2101 — 2122) › § 2102 - Services covered
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The following is a definition of the nature and extension of the services which an automobile club or association covered by the provisions of this subchapter may agree to render:
(a) General services.— This classification shall include the rendering, furnishing, or acquisition of towing, emergency, life insurance, accident and other services, as long as they are offered through a policy issued by an insurance company duly authorized under the Insurance Code to transact this kind of business in Puerto Rico; bail bonds or legal assistance in cases directly related with the operation of a motor vehicle by the member; discounts, financing, sale and purchase services, road maps and complete tourist services, including the sale of tickets for land, sea or air transportation, or any one of them.
(b) Towing service.— Shall mean the removal by the automobile club or association of a motor vehicle from one place to another by a force other than that of the same vehicle.
(c) Road emergency service.— Means the adjustment, repair or replacement by an automobile club or association, of equipment, tires, or any other part of a motor vehicle to restore its own operating and moving power.
(d) Insurance service.— Means the selling or furnishing by an automobile club or association to its members of insurance policies issued in their favor by insurers authorized under the Insurance Code on their life or on their liability or loss for damages or injury to them or to a third party in accidents resulting from ownership, possession, use or operation of a motor vehicle.
(e) Legal service.— Means an act by an automobile club or association for the contracting, designation, or acquisition of the professional services of a lawyer authorized to practice his profession as such Puerto Rico, whose professional fees are to be paid by the automobile club or association which contracted or designated him to render his services as such counsel or representing a member of such club or association before a court in Puerto Rico or the United States of America as a result of his criminal or civil liability, or both, as the case may be, incurred by such member as a result of his ownership, possession, use or operation of a motor vehicle.
(f) Map service.— Shall mean the furnishing by an automobile club or association of road maps, free of charge, to its members.
(g) Tourist services.— Shall mean the furnishing by an automobile club or association of tourist information, free of charge, to its members as well as arrangements for lodging or ticket reservations; acquisition of tickets or entry permits or visas, or the necessary licenses to travel to any country in the world for its interested members or associates.
(h) Bail bond service.— This service shall mean an act by an automobile club or association to provide or procure any monetary desposit or bond required by law for the provisional freedom of a person charged with violation of a traffic law or regulation or relative to the operation of motor vehicles.
(i) Sale and purchase service.— This service shall mean any act by an automobile club or association whereby the holder of a service contract from any of these clubs or associations is somehow helped in the sale or purchase of an automobile.
(j) Discount service.— Means any act by an automobile club or association whereby service contract holders are granted special discounts or reductions in the price of gasoline, oil, repair, insurance, auto parts, accessories or servicing of motor vehicles.
(k) Financing service.— Means any act by an automobile club or association whereby a loan or any other advancement of money, with or without security, is made to a holder of a service contract from the automobile club or association.
(l) Service in case of theft.— Means any act by an automobile club or association to locate, identify and recover a motor vehicle owned or under the control of the holder of a service contract from any of these clubs or associations, stolen, or that might be stolen, or to discover the person responsible for such theft.
(m) Repair and maintenance services.— Means the act of an automobile club or association to provide repair services, replacement of equipment, spare parts, accessories and maintenance of motor vehicles.
History —Ins. Code, added as § 21.020 on June 15, 1961, No. 68, p. 133; May 10, 1976, No. 32, p. 84, § 16.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-21/subchapter-i/2103/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 21 - Automobile Clubs or Associations and Service Contracts (§§ 2101 — 2134)›Subchapter I - Automobile Clubs or Associations (§§ 2101 — 2122)›§ 2103 - Term for filing application
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 21 - Automobile Clubs or Associations and Service Contracts (§§ 2101 — 2134) › Subchapter I - Automobile Clubs or Associations (§§ 2101 — 2122) › § 2103 - Term for filing application
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Within the thirty days following the effective date of this act, any automobile club or association operating in Puerto Rico under the provisions of this subchapter shall file in the Office of the Commissioner, in the form provided by him for such purposes, an application for a license or certificate of authority to continue operating in Puerto Rico; and any automobile club or association desiring to start operations as such thereafter under the provisions of this subchapter, before commencing such operations, shall likewise make the corresponding application and obtain its license or certificate of authority from the Commissioner.
History —Ins. Code, added as § 21.030 on June 15, 1961, No. 68, p. 133, eff. July 1, 1961.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-21/subchapter-i/2104/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 21 - Automobile Clubs or Associations and Service Contracts (§§ 2101 — 2134)›Subchapter I - Automobile Clubs or Associations (§§ 2101 — 2122)›§ 2104 - Application for authorization
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 21 - Automobile Clubs or Associations and Service Contracts (§§ 2101 — 2134) › Subchapter I - Automobile Clubs or Associations (§§ 2101 — 2122) › § 2104 - Application for authorization
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Any application for an authorization filed under the provisions of this subchapter must be accompanied by the following documents, information, and exhibits:
(a) An application in the form prescribed by the Commissioner, signed under oath by the president of the association or any other of its principal officers.
(b) A certified copy of its articles of incorporation and bylaws.
(c) A financial statement of the association in the manner prescribed by the Commissioner, signed by the president or any other of its principal officers.
(d) A certificate from the Secretary of State, if a corporation, stating that it complied with the provisions of the Corporations Law of Puerto Rico.
(e) The sum of fifty thousand dollars ($50,000) in cash or its equivalent in securities subject to approval by the Commissioner to guarantee the faithful compliance by the applicant entity of all the provisions of this chapter as well as its obligations toward its members.
(f) When the application is made by a foreign automobile club or association it shall designate an agent authorized to receive service of process on behalf of the applicant, which agent shall in all cases be a resident of Puerto Rico.
(g) Copies of the application forms for membership, credentials as such, bylaws, service contracts, advertising material or any other document required by the Commissioner.
(h) The names of the incorporators or directors of the applicant with their postal addresses and personal circumstances, including their occupations and professions, so that with such information the Commissioner may verify their competence, good character, and reputation.
History —Ins. Code, added as § 21.040 on June 15, 1961, No. 68, p. 133; June 5, 1973, No. 98, p. 419, § 15; July 23, 1974, No. 133, Part 1, p. 598, § 10; Feb. 16, 1979, No. 15, p. 28, § 11.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-21/subchapter-i/2106/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 21 - Automobile Clubs or Associations and Service Contracts (§§ 2101 — 2134)›Subchapter I - Automobile Clubs or Associations (§§ 2101 — 2122)›§ 2106 - Examinations
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 21 - Automobile Clubs or Associations and Service Contracts (§§ 2101 — 2134) › Subchapter I - Automobile Clubs or Associations (§§ 2101 — 2122) › § 2106 - Examinations
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The Commissioner shall not issue a license until he is convinced that the automobile club or association has complied with the laws of Puerto Rico and that its administration is trustworthy and competent, for which he may conduct examinations of the automobile club or association and require that any necessary evidence be produced. The cost of any examination conducted shall be paid by the examined club or association.
History —Ins. Code, added as § 21.060 on June 15, 1961, No. 68, p. 133, eff. July 1, 1961.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-21/subchapter-i/2106a/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 21 - Automobile Clubs or Associations and Service Contracts (§§ 2101 — 2134)›Subchapter I - Automobile Clubs or Associations (§§ 2101 — 2122)›§ 2106a - Books and documents required
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 21 - Automobile Clubs or Associations and Service Contracts (§§ 2101 — 2134) › Subchapter I - Automobile Clubs or Associations (§§ 2101 — 2122) › § 2106a - Books and documents required
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Every motorist club or association shall keep true and full accounts, as well as books carrying their assets, obligations, transactions and business, in accordance with accounting methods and practices generally accepted. All books and accounts shall be kept in such a manner as to facilitate the preparation of the reports required from the motorist club or association, as well as to make accessible the examination of the business by the Commissioner.
History —Ins. Code, added as § 21.061 on July 23, 1974, No. 133, Part 1, p. 598, § 19.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-21/subchapter-i/2107/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 21 - Automobile Clubs or Associations and Service Contracts (§§ 2101 — 2134)›Subchapter I - Automobile Clubs or Associations (§§ 2101 — 2122)›§ 2107 - Duration of the license
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 21 - Automobile Clubs or Associations and Service Contracts (§§ 2101 — 2134) › Subchapter I - Automobile Clubs or Associations (§§ 2101 — 2122) › § 2107 - Duration of the license
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Any license issued under the provisions of this subchapter shall continue in force upon payment of the corresponding fees on or before the midnight of June 30 of each year, unless it is revoked or suspended by the Commissioner in the course of a given fiscal year.
History —Ins. Code, added as § 21.070 on June 15, 1961, No. 68, p. 133, eff. July 1, 1961.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-21/subchapter-i/2108/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 21 - Automobile Clubs or Associations and Service Contracts (§§ 2101 — 2134)›Subchapter I - Automobile Clubs or Associations (§§ 2101 — 2122)›§ 2108 - Revocation or suspension of license
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 21 - Automobile Clubs or Associations and Service Contracts (§§ 2101 — 2134) › Subchapter I - Automobile Clubs or Associations (§§ 2101 — 2122) › § 2108 - Revocation or suspension of license
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If the Commissioner, after a hearing, finds that an automobile club or association has violated any provision of this subchapter, or that it is insolvent, or that its assets are less than its liabilities, or that the club or association, or its officers, refuses or refuse to be examined, or that it conducts its business in a deceitful way, or that its administration and business methods are inadequate or harmful to its service-contract holders, he may revoke or suspend its license and inform the public of his action in the manner he may deem convenient.
History —Ins. Code, added as § 21.080 on June 15, 1961, No. 68, p. 133, eff. July 1, 1961.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-21/subchapter-i/2109/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 21 - Automobile Clubs or Associations and Service Contracts (§§ 2101 — 2134)›Subchapter I - Automobile Clubs or Associations (§§ 2101 — 2122)›§ 2109 - Annual statement
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 21 - Automobile Clubs or Associations and Service Contracts (§§ 2101 — 2134) › Subchapter I - Automobile Clubs or Associations (§§ 2101 — 2122) › § 2109 - Annual statement
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Every automobile club or association shall file in the Office of the Commissioner, on or before March 31 of each year, a financial statement in the form and manner prescribed by the Commissioner, signed under oath by its president or one of its principal officers, showing its financial condition as of the preceding December 31.
History —Ins. Code, added as § 21.090 on June 15, 1961, No. 68, p. 133, eff. July 1, 1961.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-21/subchapter-i/2110/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 21 - Automobile Clubs or Associations and Service Contracts (§§ 2101 — 2134)›Subchapter I - Automobile Clubs or Associations (§§ 2101 — 2122)›§ 2110 - Approval of forms
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 21 - Automobile Clubs or Associations and Service Contracts (§§ 2101 — 2134) › Subchapter I - Automobile Clubs or Associations (§§ 2101 — 2122) › § 2110 - Approval of forms
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No service contract issued in Puerto Rico shall become effective until a form of such contract has been kept filed in the Office of the Commissioner for sixty days, unless before the expiration of this term the form has been approved in writing by the Commissioner, nor shall any contract become effective or issued if the Commissioner informs the automobile club or association in writing, within such sixty-day period, that in his opinion the contract form does not comply with the laws of Puerto Rico, stating his reasons.
History —Ins. Code, added as § 21.100 on June 15, 1961, No. 68, p. 133, eff. July 1, 1961.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-21/subchapter-i/2111/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 21 - Automobile Clubs or Associations and Service Contracts (§§ 2101 — 2134)›Subchapter I - Automobile Clubs or Associations (§§ 2101 — 2122)›§ 2111 - Contents of contract
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 21 - Automobile Clubs or Associations and Service Contracts (§§ 2101 — 2134) › Subchapter I - Automobile Clubs or Associations (§§ 2101 — 2122) › § 2111 - Contents of contract
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No service contract shall be issued or delivered in Puerto Rico unless it contains the following:
(a) The name of the automobile club or association.
(b) The exact address of the home office of the automobile club or association and that of its business office in Puerto Rico showing the street, number, and city.
(c) A clause stating that the contract shall be cancellable at any time by the company or by the contract holder and that the latter has a right to receive the unearned portion of the money paid for such contract, on a pro-rata basis, with no discount whatsoever.
(d) A clause clearly specifying the services promised; another stating that the contract holder shall not have to pay any sum in addition to that specified in the contract, and another specifying the territory within which the services shall be rendered and the date on which such services shall commence.
History —Ins. Code, added as § 21.110 on June 15, 1961, No. 68, p. 133, eff. July 1, 1961.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-21/subchapter-i/2112/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 21 - Automobile Clubs or Associations and Service Contracts (§§ 2101 — 2134)›Subchapter I - Automobile Clubs or Associations (§§ 2101 — 2122)›§ 2112 - Reserves
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 21 - Automobile Clubs or Associations and Service Contracts (§§ 2101 — 2134) › Subchapter I - Automobile Clubs or Associations (§§ 2101 — 2122) › § 2112 - Reserves
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In addition to the deposits required in § 2104(e) of this title, the automobile club or association shall maintain a reserve of unearned income equal to twenty-five percent (25%) of the total unearned income of the contracts in force but in no case less than the total reimbursement of income made during the preceding twelve months. This reserve shall be computed considering the unearned income in a given year as fifty percent (50%) of the total income from quotas received during the year.
History —Ins. Code, added as § 21.120 on June 15, 1961, No. 68, p. 133, eff. July 1, 1961.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-21/subchapter-i/2112a/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 21 - Automobile Clubs or Associations and Service Contracts (§§ 2101 — 2134)›Subchapter I - Automobile Clubs or Associations (§§ 2101 — 2122)›§ 2112a - Assets and liabilities
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 21 - Automobile Clubs or Associations and Service Contracts (§§ 2101 — 2134) › Subchapter I - Automobile Clubs or Associations (§§ 2101 — 2122) › § 2112a - Assets and liabilities
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Sections 5.010, 5.020 and 5.030 shall be applicable to motorists clubs or associations for the purpose of determining their economic status.
History —Ins. Code, added as § 21.121 on July 23, 1974, No. 133, Part 1, p. 598, § 20.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-21/subchapter-i/2113/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 21 - Automobile Clubs or Associations and Service Contracts (§§ 2101 — 2134)›Subchapter I - Automobile Clubs or Associations (§§ 2101 — 2122)›§ 2113 - Unlawful practices
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 21 - Automobile Clubs or Associations and Service Contracts (§§ 2101 — 2134) › Subchapter I - Automobile Clubs or Associations (§§ 2101 — 2122) › § 2113 - Unlawful practices
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The purchase of contracts from unauthorized automobile clubs or associations is hereby prohibited.
No person shall solicit or help other persons in the purchase of a service contract issued by an unauthorized automobile club or association in Puerto Rico.
The twisting or exaggeration of the terms of a service contract is prohibited.
No automobile club or association or its officers or agents shall twist or exaggerate orally or in writing the terms, benefits, or advantages of a service contract to be issued.
History —Ins. Code, added as § 21.130 on June 15, 1961, No. 68, p. 133, eff. July 1, 1961.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-21/subchapter-i/2115/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 21 - Automobile Clubs or Associations and Service Contracts (§§ 2101 — 2134)›Subchapter I - Automobile Clubs or Associations (§§ 2101 — 2122)›§ 2115 - Rules and regulations
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 21 - Automobile Clubs or Associations and Service Contracts (§§ 2101 — 2134) › Subchapter I - Automobile Clubs or Associations (§§ 2101 — 2122) › § 2115 - Rules and regulations
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The Commissioner may promulgate rules and regulations to enforce the provisions of this subchapter. The violations of these rules and regulations shall be punished by an administrative fine of not more than five hundred dollars ($500).
History —Ins. Code, added as § 21.150 on June 15, 1961, No. 68, p. 133; May 24, 1974, No. 46, Part 1, p. 200, § 5.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-21/subchapter-i/2116/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 21 - Automobile Clubs or Associations and Service Contracts (§§ 2101 — 2134)›Subchapter I - Automobile Clubs or Associations (§§ 2101 — 2122)›§ 2116 - Appeals
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 21 - Automobile Clubs or Associations and Service Contracts (§§ 2101 — 2134) › Subchapter I - Automobile Clubs or Associations (§§ 2101 — 2122) › § 2116 - Appeals
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The appeals from the decisions of the Commissioner regarding the enforcement of this subchapter shall be conducted as provided in § 226 of this title.
History —Ins. Code, added as § 21.160 on June 15, 1961, No. 68, p. 133, eff. July 1, 1961.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-21/subchapter-i/2117/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 21 - Automobile Clubs or Associations and Service Contracts (§§ 2101 — 2134)›Subchapter I - Automobile Clubs or Associations (§§ 2101 — 2122)›§ 2117 - Restricted application
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 21 - Automobile Clubs or Associations and Service Contracts (§§ 2101 — 2134) › Subchapter I - Automobile Clubs or Associations (§§ 2101 — 2122) › § 2117 - Restricted application
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Nothing contained in this subchapter shall apply to lawyers acting in the normal course of their profession nor to any insurance company duly authorized under the laws of the Commonwealth of Puerto Rico.
History —Ins. Code, added as § 21.170 on June 15, 1961, No. 68, p. 133, eff. July 1, 1961.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-21/subchapter-i/2118/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 21 - Automobile Clubs or Associations and Service Contracts (§§ 2101 — 2134)›Subchapter I - Automobile Clubs or Associations (§§ 2101 — 2122)›§ 2118 - License required
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 21 - Automobile Clubs or Associations and Service Contracts (§§ 2101 — 2134) › Subchapter I - Automobile Clubs or Associations (§§ 2101 — 2122) › § 2118 - License required
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No automobile club or association or producer shall execute, issue or deliver a service contract unless previously licensed by the Commissioner of Insurance, pursuant to the provisions of this subchapter, nor shall an automobile club or association or producer collect or receive from any person, before the execution, issuance, or delivery of any of these service contracts, any sum of money or valuable thing under promise of agreement of executing, issuing or delivering any of these service contracts, unless previously licensed by the Commissioner as provided in § 2104 of this title.
History —Ins. Code, added as § 21.180 on June 15, 1961, No. 68, p. 133; Jan. 19, 2006, No. 10, § 9, eff. 120 days after Jan. 19, 2006.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-21/subchapter-i/2119/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 21 - Automobile Clubs or Associations and Service Contracts (§§ 2101 — 2134)›Subchapter I - Automobile Clubs or Associations (§§ 2101 — 2122)›§ 2119 - Duplicate contracts; signature; disposal of copies
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 21 - Automobile Clubs or Associations and Service Contracts (§§ 2101 — 2134) › Subchapter I - Automobile Clubs or Associations (§§ 2101 — 2122) › § 2119 - Duplicate contracts; signature; disposal of copies
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Each service contract executed, issued, or delivered in Puerto Rico shall be made in original and one copy, signed by the corresponding officer of the automobile club or association, or by its authorized agent and by the person in whose favor it is issued. The copy shall be kept by the automobile club or association, and the original shall be given to the member or associate.
History —Ins. Code, added as § 21.190 on June 15, 1961, No. 68, p. 133, eff. July 1, 1961.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-21/subchapter-i/2120/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 21 - Automobile Clubs or Associations and Service Contracts (§§ 2101 — 2134)›Subchapter I - Automobile Clubs or Associations (§§ 2101 — 2122)›§ 2120 - Taxation
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 21 - Automobile Clubs or Associations and Service Contracts (§§ 2101 — 2134) › Subchapter I - Automobile Clubs or Associations (§§ 2101 — 2122) › § 2120 - Taxation
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Every automobile club or association, as defined in this subchapter, that is organized for profit and that conducts business in Puerto Rico, shall pay on or before March 31 of each year to the Secretary of the Treasury of the Commonwealth of Puerto Rico, through the Office of the Commissioner, a tax of one and a half percent (1 1 / 2 %) on the premiums or membership fees received by such automobile clubs or associations during the preceding calendar year.
Every automobile club or association, as defined in this subchapter, that fails to file its tax return or to pay the specified taxes on fees for more than thirty (30) days after their due date, shall be liable for the payment of an administrative fine of ten dollars ($10) for each additional day of delinquency, subject to the right of the Commissioner to grant a reasonable extension of time for such filing and payment.
Those automobile clubs or associations organized in Puerto Rico who maintain a main office within this jurisdiction are hereby exempted from the payment of this special tax.
History —Ins. Code, added as § 21.200 on June 15, 1961, No. 68, p. 133; Dec. 28, 2000, No. 455, § 1.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-21/subchapter-i/2121/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 21 - Automobile Clubs or Associations and Service Contracts (§§ 2101 — 2134)›Subchapter I - Automobile Clubs or Associations (§§ 2101 — 2122)›§ 2121 - Penalties
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 21 - Automobile Clubs or Associations and Service Contracts (§§ 2101 — 2134) › Subchapter I - Automobile Clubs or Associations (§§ 2101 — 2122) › § 2121 - Penalties
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(a) Any person violating this subchapter shall upon conviction be punished by a fine of not less than fifty dollars ($50) nor more than five hundred dollars ($500), or by imprisonment in jail for not more than six (6) months, or both penalties.
(b) Administrative fines.— The Commissioner may impose administrative fines of not more than five hundred dollars ($500) for any violation of this subchapter, after a hearing.
History —Ins. Code, added as § 21.210 on June 15, 1961, No. 68, p. 133; May 24, 1974, No. 46, Part 1, p. 200, § 6.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-21/subchapter-i/2122/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 21 - Automobile Clubs or Associations and Service Contracts (§§ 2101 — 2134)›Subchapter I - Automobile Clubs or Associations (§§ 2101 — 2122)›§ 2122 - Applicability
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 21 - Automobile Clubs or Associations and Service Contracts (§§ 2101 — 2134) › Subchapter I - Automobile Clubs or Associations (§§ 2101 — 2122) › § 2122 - Applicability
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The automobile clubs or associations, as defined in this subchapter, shall not be subject to the other provisions of this Insurance Code, except in those cases where it is so expressly provided by law.
History —Ins. Code, added as § 21.220 on June 15, 1961, No. 68, p. 133, eff. July 1, 1961.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-21/subchapter-ii/2123/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 21 - Automobile Clubs or Associations and Service Contracts (§§ 2101 — 2134)›Subchapter II - Service Contracts (§§ 2123 — 2134)›§ 2123 - Service contracts
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 21 - Automobile Clubs or Associations and Service Contracts (§§ 2101 — 2134) › Subchapter II - Service Contracts (§§ 2123 — 2134) › § 2123 - Service contracts
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The provisions of §§ 2123–2134 of this title shall constitute a separate subchapter, which shall be applicable to service contracts, as defined below. All reference to “this subchapter” shall refer to the provisions of these sections. Except for those provisions of this Code expressly stated in this subchapter to apply to service contracts, and by Subchapters I and II, the other provisions of this Code shall not be applicable to said contracts.
History —Ins. Code, added as § 21.230 on Sept. 8, 2000, No. 392, § 3.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-21/subchapter-ii/2124/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 21 - Automobile Clubs or Associations and Service Contracts (§§ 2101 — 2134)›Subchapter II - Service Contracts (§§ 2123 — 2134)›§ 2124 - Scope
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 21 - Automobile Clubs or Associations and Service Contracts (§§ 2101 — 2134) › Subchapter II - Service Contracts (§§ 2123 — 2134) › § 2124 - Scope
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This subchapter shall not apply to manufacturer’s guarantees or maintenance contracts as defined hereinbelow.
History —Ins. Code, added as § 21.240 on Sept. 8, 2000, No. 392, § 3.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-21/subchapter-ii/2125/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 21 - Automobile Clubs or Associations and Service Contracts (§§ 2101 — 2134)›Subchapter II - Service Contracts (§§ 2123 — 2134)›§ 2125 - Definitions
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 21 - Automobile Clubs or Associations and Service Contracts (§§ 2101 — 2134) › Subchapter II - Service Contracts (§§ 2123 — 2134) › § 2125 - Definitions
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As used in this subchapter:
(1) Maintenance contract.— Means a contract of limited duration that only provides programmed maintenance. The maintenance contract shall not include any of the obligations included in the service contract.
(2) Service contract.— Means a contract or agreement issued in exchange for a separate identified payment, of stipulated duration, through which the repair, replacement or incidental maintenance of the goods, or compensation for said repair, replacement or maintenance that is needed due to an operating or structural deficiency that arise due to a defect in materials, labor or fair wear and tear of the goods, is to be provided. A service contract may contain additional provisions for incidental payments under specified circumstances, for services such as towing and emergency service on the road, or in the case of goods that are not a motor vehicle, to cover damages caused by an electric power failure or accidental damage due to its use, if the latter do not constitute the main services offered in the contract. A service contract does not include insurance against mechanical failures, maintenance contracts or manufacturer’s guarantee.
(3) Manufacturer.— Means a person who manufactures or produces an article and sells it under his/her name or trademark; or that is a subsidiary fully-owned by the person who manufactures or produces the article, or that is a corporation that owns one hundred percent (100%) of the entity that manufactures or produces the article; or who does not manufacture or produce the article but sells it under his/her own name or trademark; or who manufactures or produces the article which is sold under the name or trademark of another person; or who does not manufacture or produce the article, but, pursuant to a written contract, authorizes another person to sell it under the name or trademark of the former.
(4) Manufacturer’s guarantee.— Means the guarantee offered by the manufacturer, importer or vendor of goods or services related thereto, free of additional costs, which is not negotiated separately from the sale of the product, that is incidental to its sale and binds said manufacturer, importer or vendor, to compensate for defective parts, mechanical failure or electrical defects.
(5) Fees.— Means the total payment made in exchange of a service contract.
(6) Reimbursement insurance policy.— Means an insurance policy issued in behalf of a provider, whereby the insurer is bound, for the benefit of the contract holders, to execute all the obligations and responsibilities of the provider under the terms of the service contract, in the event of noncompliance with all said obligations and responsibilities by the provider. The term “all said obligations and responsibilities” includes, but is not limited to compliance with the obligations established in the service contract, and the reimbursement of unearned fees, in the event the provider does not make said reimbursement when the service contract is cancelled or terminated. A “reimbursement insurance policy” shall also be deemed to be the one whereby an insurer makes a commitment to compensate the provider for those payments or for the cost of those products or services that he/she is bound to offer under the service contracts issued by him/her, when said policy also provides for compliance with the holder of the contract, of all the obligations and responsibilities of the provider in the event of noncompliance thereof by the provider.
(7) Premium.— Means the payment made by a provider to an insurer for a reimbursement insurance policy.
(8) Provider.— Means any natural or juridical person, resident or nonresident in Puerto Rico, that is bound under a service contract.
(9) Non-original replacements.— Means replacement parts not manufactured for or by the original manufacturer of the product.
(10) Insurance against mechanical failures.— Means a policy or contract issued by an authorized insurer whereby he/she is bound to repair, replace or maintain, or to compensate for said repair, replacement or maintenance, in the event that specific goods covered by said insurance suffer operating or structural failure due to defects in the materials or labor, or caused by the normal wear and tear of said goods.
(11) Contract holder.— Means the person who acquires a service contract or that is the holder of said contract.
History —Ins. Code, added as § 21.250 on Sept. 8, 2000, No. 392, § 3.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-21/subchapter-ii/2126/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 21 - Automobile Clubs or Associations and Service Contracts (§§ 2101 — 2134)›Subchapter II - Service Contracts (§§ 2123 — 2134)›§ 2126 - Requirements to do service contract business
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 21 - Automobile Clubs or Associations and Service Contracts (§§ 2101 — 2134) › Subchapter II - Service Contracts (§§ 2123 — 2134) › § 2126 - Requirements to do service contract business
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(1) No service contract shall be issued, sold or offered for sale in Puerto Rico, unless the provider has:
(a) Provided a receipt for the acquisition of the service contract to the holder of the contract;
(b) provided a copy of the service contract to the holder of the contract within a reasonable period of time from the date of acquisition, and
(c) complied with the provisions of this subchapter.
(2) Every provider who wishes to issue service contracts in Puerto Rico shall be registered with the Commissioner using the forms prescribed by the latter, and shall pay the Commissioner the sum of five hundred dollars ($500) a year, no later than June 30th of each year.
(3) In order to ensure the faithful compliance of the obligations to the contract holders, each provider shall comply with at least one of the following requirements:
(a) Insure every contract issued under a reimbursement insurance policy.
(b) Maintain an adequately backed reserve, to satisfy all obligations in effect under service contracts issued in Puerto Rico. Said reserve shall not be less than forty percent (40%) of the gross fees received for all contracts, and shall be deposited in a trust constituted under the laws of Puerto Rico with the prior approval of the Commissioner. Said deposit shall be made in installments due forty-five (45) days after the close of each quarter in which the provider issues service contracts in Puerto Rico. The trust shall accredit to its funds the income received from the investment of its assets, which shall be carried out pursuant to the same standards that apply to the investments of the insurers of the country under this Code. The trustee in charge of the administration of the trust shall also be approved by the Commissioner, and shall be domiciled in Puerto Rico and shall operate the trust from this jurisdiction. Commissioner shall establish, through regulations, the norms for the use or withdrawal of funds from the trust, as well as for its liquidation if experience shows that the reserve of a provider is inadequate, the Commissioner shall require it to be increased in the amount needed to make it adequate. In addition to said reserve, provided the option in this clause is used, the provider shall fiducially deposit a financial guaranty with the Commissioner, in the amount of one hundred thousand dollars ($100,000), using one of the following options:
(i) Post and keep in effect a financial security bond, issued by a licensed insurer in Puerto Rico, with the prior approval of the Commissioner. Said bond shall not be subject to cancellation, unless the Commissioner is given written notice, not less than sixty (60) days prior to the canceling thereof.
(ii) Deposit assets eligible for deposit of the same type allowed to insurers, in the amount of the financial guarantee.
(iii) Deposit a certificate of deposit issued by a commercial bank authorized to do business in Puerto Rico.
(iv) Deposit a clear, unconditional and irrevocable letter of credit issued by an acceptable financial institution. A “clear, unconditional and irrevocable letter of credit” is one that is not conditioned to any other agreement, document or contract; that the sole presentation of a sight draft is sufficient to draw funds against it; and it cannot be modified without [t]he consent of the provider. An “acceptable financial institution” is one that is organized under the laws of Puerto Rico, the United States or any of its states; that is supervised and examined by state and federal entities that have regulatory authority over financial institutions, and is not a subsidiary or affiliate owner of the provider.
(c) Maintain, or the parent company shall maintain a net worth of one hundred million dollars ($100,000,000), and if required by the Commissioner, furnish the Commissioner a copy of the most recent Form 10-K or Form 20-F filed before the Security [sic] Exchange Commission (SEC), a copy of the financial statement of the provider, or of its parent company, certified by a certified public accountant that shows that the net worth of the provider or of the parent company is not less than one hundred million dollars ($100,000,000). Provided that the said forms 10-K or 20-F, or the audited financial statements of the parent company are used to show that it complies with the requirement established herein, the parent company shall agree to secure all the obligations of the provider related to the service contracts sold by it in Puerto Rico.
(4) The fees shall not be subject to premium taxes. Notwithstanding the above, if the provider acquires an insurance reimbursement policy, the corresponding premium shall be subject to the premium tax that applies to it pursuant to this Code.
(5) Every authorized provider shall be liable for the acts or omissions of the persons or entities that act in representation of the provider, provided that said acts and omissions are related to the promotion, sale and offering of the service contracts of the provider.
(6) No provider shall issue, deliver or use any service contract form, or application form or other addenda, unless it has first been presented to, and approved by the Commissioner; no person shall issue, nor deliver any form whatsoever that has not thus been presented to, and approved by him/her.
(7) The provisions of §§ 1102, 1103, 1105, 1106, 1108, 1109, 1110, 1112, 1113, 1114, 1115, 1116, 1117, 1118, 1120, 1123, 1124, 1125, 1126, 1128, 1136 and 1137 of this title related to the service contracts, shall be applicable to the service contracts, in the measure that they are compatible, except with regard to those instances in which there is a more specific provision in this subchapter.
History —Ins. Code, added as § 21.260 on Sept. 8, 2000, No. 392, § 3.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-21/subchapter-ii/2127/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 21 - Automobile Clubs or Associations and Service Contracts (§§ 2101 — 2134)›Subchapter II - Service Contracts (§§ 2123 — 2134)›§ 2127 - Required disclosures—Reimbursement insurance policy
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 21 - Automobile Clubs or Associations and Service Contracts (§§ 2101 — 2134) › Subchapter II - Service Contracts (§§ 2123 — 2134) › § 2127 - Required disclosures—Reimbursement insurance policy
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(1) Every reimbursement insurance policy that insures service contracts issued, sold or offered for sale in Puerto Rico, shall specifically and visibly state, that when the provider incurs noncompliance of the service contract, such as the failure to return the unearned fees received, the insurer that issued the policy shall pay the holder of the contract whichever sums that the provider is legally bound to pay pursuant to the service contract issued by him/her, or shall provide the service that the provider is legally bound to provide according to the contractual obligations under the service contract issued by the provider.
(2) Nothing provided in this section shall imply that the insurer is exempted from the applicable provisions of §§ 1101–1137 of this title.
History —Ins. Code, added as § 21.270 on Sept. 8, 2000, No. 392, § 3.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-21/subchapter-ii/2128/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 21 - Automobile Clubs or Associations and Service Contracts (§§ 2101 — 2134)›Subchapter II - Service Contracts (§§ 2123 — 2134)›§ 2128 - Required disclosures—Service contracts
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 21 - Automobile Clubs or Associations and Service Contracts (§§ 2101 — 2134) › Subchapter II - Service Contracts (§§ 2123 — 2134) › § 2128 - Required disclosures—Service contracts
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(1) Every service contract that is issued, sold or offered for sale in Puerto Rico shall be written in clear and intelligible language, and the entire contact shall be legibly printed or typewritten, and shall clearly establish the requirements provided in this section, as applicable.
(2) Every service contract insured under a reimbursement insurance policy pursuant to § 2126(3)(a) of this title, shall contain a statement that substantially bears the following information: “The obligations of the provider under this service contract are guaranteed under a reimbursement insurance policy. If the provider does not pay, or does not provide a service claimed within sixty (60) days following the notice of the claim, the holder of the contract shall be entitled to file a claim directly with the insurer that offers said policy.” Under a reimbursement insurance policy, any payment not accrued by the provider may be claimed from the insurer. The service contract shall also visibly state the name and address of the insurer.
(3) Every service contract not insured under a reimbursement insurance policy pursuant to § 2126(3)(a) of this title, shall contain a statement that substantially has the following information: “The obligations of the provider under this service contract are guaranteed solely by the full faith and credit of the provider.”
(4) By virtue of the service contract, the return of unearned fees may be claimed from the provider. The service contract shall also visibly state the name and address of the provider. The service contract shall identify the person that will provide the service under the contract, the vendor of the service contract, and the holder of the contract, if known.
(5) Every service contract shall visibly state the total price and the terms under which it is sold.
(6) If prior approval is required to obtain services, the service contract shall clearly and simply establish the procedure to obtain said prior approval and to file a claim, including a toll-free telephone number for the service of claims, and, in the case of motor vehicle service contracts, a procedure to obtain emergency repairs outside of regular business hours.
(7) Every service contract shall clearly and visibly state whether there is a deductible, and if so, what the deductible amount is.
(8) Every service contract shall specify the products and services that shall be provided, as well as any applicable limitations, exceptions or exclusions.
(9) Every motor vehicle service contract shall state the conditions under which the use of non-original replacements shall be allowed.
(10) Every service contract shall state any terms, restrictions or conditions that govern its transfer to third parties.
(11) Every service contract shall indicate the terms, restrictions or conditions that govern the termination or cancellation thereof, either by the holder of the contract or the provider. In the last case, the provider shall send a written notice to the holder of the contract by mail, at least fifteen (15) days prior to the termination or cancellation of the service contract. Said notice shall establish the effective date of the cancellation or termination and the reason therefor. Notwithstanding the above, the service contract may provide for the immediate cancellation or termination in cases of false or fraudulent representations that are material for the issuing of the contract, or that the provider in good faith had not issued the service contract, if the true facts had been made known to him/her.
(12) Every service contract shall have a provision that will allow the holder of the contract to return the service contract within a term of not less than ten (10) days from the delivery of the service contract to the holder of the contract, or, if the service contract were remitted by mail, within a term of not less than twenty (20) days from the date of said remittance, or in a longer period allowed by the contract. Provided [that] the holder of the contract exercises such right, and has not presented any claim under the service contract, it shall be null and the provider will reimburse or credit the complete fee corresponding to the service contract, to the holder of the contract. A penalty of ten percent (10%) a month shall be imposed on said fee, that shall be added to any reimbursement or credit required by this section that is not paid within thirty (30) days following the date that the holder returns the service contract to the provider.
(13) Every service contract shall establish all the obligations and duties of the holder of the contract, such as the obligation to protect the property against any additional damage and the obligation to give maintenance and service to it.
(14) Every service contract shall clearly establish if it excludes subsequent damages or pre-existing conditions.
History —Ins. Code, added as § 21.280 on Sept. 8, 2000, No. 392, § 3.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-21/subchapter-ii/2129/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 21 - Automobile Clubs or Associations and Service Contracts (§§ 2101 — 2134)›Subchapter II - Service Contracts (§§ 2123 — 2134)›§ 2129 - Prohibited acts
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 21 - Automobile Clubs or Associations and Service Contracts (§§ 2101 — 2134) › Subchapter II - Service Contracts (§§ 2123 — 2134) › § 2129 - Prohibited acts
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(1) No provider shall use in his name nor shall identify him/herself using words such as insurance, contingency, guarantee, bond, mutual, or any other words that describe the insurance business, or a name that is deceitfully similar to the name or description of any insurance or warranty insurance corporation, or of any other provider.
(2) No person shall make, or otherwise verbally divulge any announcement, information, matter, statement or anything that will misconstrue or exaggerate the terms of a service contract or a reimbursement policy, or the benefits and advantages thereof, nor shall intentionally omit any material statement that would be considered deceitful when omitted, in connection with the sale, an offer for sale, or advertisement of a service contract.
(3) No person shall bind nor condition the granting of a loan, or the sale of any goods, to the acquisition of a service contract.
History —Ins. Code, added as § 21.290 on Sept. 8, 2000, No. 392, § 3.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-21/subchapter-ii/2130/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 21 - Automobile Clubs or Associations and Service Contracts (§§ 2101 — 2134)›Subchapter II - Service Contracts (§§ 2123 — 2134)›§ 2130 - Books and files
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 21 - Automobile Clubs or Associations and Service Contracts (§§ 2101 — 2134) › Subchapter II - Service Contracts (§§ 2123 — 2134) › § 2130 - Books and files
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(1) Every provider shall keep exact accounts, books and files of the transactions regulated under this subchapter.
(2) The accounts, books and files of a provider shall, at least, include the following:
(a) Copies of each type of service contract issued;
(b) the name and address of each holder of a contract in the measure that this information has been provided by the holder of the contract;
(c) a list of the places in which the provider promotes, sells or offers service contracts for sale, and
(d) the claim files, which shall at least contain the date, amount and description of each receipt, claim or expense related to the service contracts.
(3) With the exception of what is provided in subsection (5) of this section, every provider shall keep the pertinent files of each holder of a contract for a period of not less than three years after the term of each coverage has expired.
(4) The providers may keep all the files required under this subchapter electronically or by similar filing systems. In said case, the files shall be readily accessible to the Commissioner from a terminal or other scanning device and shall have the capacity to be printed in a legible manner.
(5) Any provider who discontinues his/her business in Puerto Rico shall keep his files until he/she can present sufficient satisfactory evidence to the Commissioner that he/she has complied with all his/her obligations towards the holders of contracts in Puerto Rico.
History —Ins. Code, added as § 21.300 on Sept. 8, 2000, No. 392, § 3.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-21/subchapter-ii/2131/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 21 - Automobile Clubs or Associations and Service Contracts (§§ 2101 — 2134)›Subchapter II - Service Contracts (§§ 2123 — 2134)›§ 2131 - Cancellation or non-renewal of reimbursement insurance policies
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 21 - Automobile Clubs or Associations and Service Contracts (§§ 2101 — 2134) › Subchapter II - Service Contracts (§§ 2123 — 2134) › § 2131 - Cancellation or non-renewal of reimbursement insurance policies
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No insurer who has issued a reimbursement insurance policy shall cancel or refuse to renew the policy, unless he/she hands or sends a notice to such effect, at least sixty (60) days prior to the date that said cancellation or non-renewal becomes effective. A copy of the cancellation or non-renewal notice shall also be sent to the Commissioner, so that he may determine the subsequent compliance by the provider of the provisions of this subchapter. The termination of a reimbursement insurance policy shall not, in any way, affect the liability of the insurer for service contracts issued prior to the cancellation or non-renewal date.
History —Ins. Code, added as § 21.310 on Sept. 8, 2000, No. 392, § 3.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-21/subchapter-ii/2132/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 21 - Automobile Clubs or Associations and Service Contracts (§§ 2101 — 2134)›Subchapter II - Service Contracts (§§ 2123 — 2134)›§ 2132 - Obligation to reimburse
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 21 - Automobile Clubs or Associations and Service Contracts (§§ 2101 — 2134) › Subchapter II - Service Contracts (§§ 2123 — 2134) › § 2132 - Obligation to reimburse
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Once a contract holder pays the corresponding service contract fee to a provider, and provided said service contract is insured under a reimbursement insurance policy, the holder of the contract shall be entitled to any benefit provided by the policy, regardless of whether the provider has paid or not the premium of the corresponding reimbursement insurance policy. The above provision shall not affect the reciprocal rights and obligations between the insurer and the provider. In those cases in which a provider recruits other persons for the promotion and sale of service contracts covered under a reimbursement insurance policy, the provider shall have the obligation of notifying the insurer of the identity of said other persons.
History —Ins. Code, added as § 21.320 on Sept. 8, 2000, No. 392, § 3.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-21/subchapter-ii/2133/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 21 - Automobile Clubs or Associations and Service Contracts (§§ 2101 — 2134)›Subchapter II - Service Contracts (§§ 2123 — 2134)›§ 2133 - Service contracts in other jurisdictions
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 21 - Automobile Clubs or Associations and Service Contracts (§§ 2101 — 2134) › Subchapter II - Service Contracts (§§ 2123 — 2134) › § 2133 - Service contracts in other jurisdictions
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(1) Every service contract provider under this subchapter shall inform the Commissioner, within the term the Commissioner provides through regulations, whether the provider or any entity affiliated or related to him/her issues the same or similar service contracts to other jurisdictions of the United States. In the event that the provider reports that it or any affiliated or related entity issues the same or similar service contracts to residents of other United States jurisdictions, the provider shall certify to the Commissioner that the service contracts issued under this subchapter to residents of Puerto Rico offer substantially the same benefits for the same risks as the service contracts issued in other jurisdictions of the United States.
(2) In the event that the provider cannot produce the certification required by this section, the Commissioner shall not authorize the issue of new service contracts under this subchapter, unless the provider submits a plan to match the benefits within a term that the Commissioner deems reasonable. Nothing in this section shall be interpreted as to create a private cause of action in behalf of the holders of service contracts, applicants for said contracts and any other person, in the event that a provider does not provide the equal benefits stated in this section.
History —Ins. Code, added as § 21.330 on Sept. 8, 2000, No. 392, § 3.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-21/subchapter-ii/2134/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 21 - Automobile Clubs or Associations and Service Contracts (§§ 2101 — 2134)›Subchapter II - Service Contracts (§§ 2123 — 2134)›§ 2134 - Compliance provisions
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 21 - Automobile Clubs or Associations and Service Contracts (§§ 2101 — 2134) › Subchapter II - Service Contracts (§§ 2123 — 2134) › § 2134 - Compliance provisions
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(1) The Commissioner shall have all the powers and prerogatives that are prescribed in §§ 201–232 of this title to enforce the provisions of this subchapter and protect the holders of contracts.
(2) The Commissioner shall take any action that is necessary and appropriate to enforce the provisions of this subchapter and promulgate the regulations and issue the orders needed to protect the holders of contracts; Provided, That said regulations shall include the specific terms that the Commissioner shall have, to handle and resolve any issue pursuant to said regulations.
(3) Violations of this subchapter shall be subject, among others that could otherwise be applicable, to the sanctions provided by § 2730 of this title.
(4) Any person that is affected by an act of the Commissioner under this subchapter may request a hearing before the Commissioner pursuant to the provisions found in §§ 202–232 of this title.
(5) The Authority of the Commissioner under this section does not limit any other authority conferred on him/her by the laws of Puerto Rico.
History —Ins. Code, added as § 21.340 on Sept. 8, 2000, No. 392, § 3.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-22/2201/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 22 - Surety (§§ 2201 — 2205)›§ 2201 - Appointment, licensing of attorney-in-fact
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 22 - Surety (§§ 2201 — 2205) › § 2201 - Appointment, licensing of attorney-in-fact
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(1) A surety insurer shall file with the Commissioner the appointment and power of attorney of every individual authorized by it to execute surety instruments in Puerto Rico on its behalf.
(2) All such powers of attorney shall comply with and be subject to the laws of Puerto Rico regarding powers of attorney in general and protocolization thereof (§§ 921–927 of Title 4).
(3) No attorney-in-fact license shall be issued to any person, if the following qualifications are not met:
(a) To actually reside in Puerto Rico and to have been a bona fide resident of Puerto Rico for at least one year immediately before the date on which the license is applied for.
(b) To be trustworthy and competent.
(c) To be at least twenty-one years old and to have completed high school or its equivalent.
(d) To pass satisfactorily any examination required pursuant to Section 9.110.
(4) Upon such filing of such power of attorney, in proper form, and compliance by the applicant of the requirements of this section, the Commissioner shall issue to the individual so appointed a license as the insurer’s attorney-in-fact. The license shall be for such duration and be subject to renewal, suspension or revocation, as is provided under this title for the licenses of insurance producers. The license fee shall be as set forth in § 701 of this title.
(5) No person shall execute surety instruments on behalf of such an insurer in Puerto Rico, except in compliance with this section, including, but not limited to, officers of the insurer residing in Puerto Rico.
History —Ins. Code § 22.010; July 23, 1974, No. 151, Part 1, p. 695, § 9; Jan. 19, 2006, No. 10, § 9, eff. 120 days after Jan. 19, 2006.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-22/2202/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 22 - Surety (§§ 2201 — 2205)›§ 2202 - Requirements deemed met by surety insurer
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 22 - Surety (§§ 2201 — 2205) › § 2202 - Requirements deemed met by surety insurer
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Whenever by law or by rule of any court, public official, or public body, any surety bond, recognizance, obligation, stipulation or undertaking is required or is permitted to be given, any such bond, recognizance, obligation, stipulation, or undertaking which is otherwise proper and the conditions of which are guaranteed by an authorized surety insurer, or by an unauthorized surety insurer as a surplus line pursuant to §§ 1001–1020 of this title, shall be accepted and shall be deemed to fulfill all requirements as to number of sureties, residence, or status of sureties, and other similar requirements.
History —Ins. Code § 22.020.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-22/2203/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 22 - Surety (§§ 2201 — 2205)›§ 2203 - Release from liability
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 22 - Surety (§§ 2201 — 2205) › § 2203 - Release from liability
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A surety insurer shall be released from its liability on the same terms and conditions as are provided by law for the release of individuals as sureties, except as otherwise expressly provided by the law under which any such surety undertaking is required.
History —Ins. Code § 22.030.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-22/2204/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 22 - Surety (§§ 2201 — 2205)›§ 2204 - Surety insurance; solidarity
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 22 - Surety (§§ 2201 — 2205) › § 2204 - Surety insurance; solidarity
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Every surety insurance which guarantees performance of a contract, whether a civil or criminal bond, or any type of obligation shall jointly and severally bind the insurer and his principal, but subject to the terms of prescription or caducity.
History —Ins. Code, added as § 22.040 on May 10, 1976, No. 32, p. 84, § 21.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-22/2205/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 22 - Surety (§§ 2201 — 2205)›§ 2205 - Payment of claims
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 22 - Surety (§§ 2201 — 2205) › § 2205 - Payment of claims
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The surety insurer committed under the provisions of § 2204 of this title shall be bound to pay the debt of his principal at the request of the creditor, after verifying, within a term of ninety (90) days, that the claim exists, and is liquidable and demandable. If within that term the insurer does not pay the claim without good cause he shall be guilty of a violation of § 2716a of this title.
History —Ins. Code, added as § 22.050 on May 10, 1976, No. 32, p. 84, § 21.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-23/2301/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 23 - Mortgage Loans Insurance (§§ 2301 — 2307)›§ 2301 - Short title; definitions
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 23 - Mortgage Loans Insurance (§§ 2301 — 2307) › § 2301 - Short title; definitions
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This chapter shall be known as the “Mortgage Loans Insurance Act” and may be cited as such.
For the purposes of this chapter:
(1) Mortgage loans insurance.— Means insurance against financial losses arising from default in the payment of the principal, interest and other sums payable under the terms of any note or bond or other evidence of indebtedness secured by a mortgage, trust deed, or other instrument constituting a lien or encumbrance on real property.
(2) Authorized realty guaranty.— Means a promissory note, bond, or any other evidence of amortizable indebtedness not exceeding one hundred percent (100%) of the reasonable market value of the realty, secured by a mortgage, trust deed, or any other instrument constituting the first encumbrance or lien on the realty; Provided, [That]:
(a) The property securing the insured loan must be of a residential type or
(b) Building or buildings designated to be occupied for industrial or business purposes.
(c) The lien on such real property may be subject and subordinate to the following:
(i) The lien of any public bond, impost or tax, whose payments are not in arrears.
(ii) Pending rights on minerals, petroleum or timber, easements, rights of way or support, sewer (or drainage) rights, restrictions for building or any other restrictions or agreements, conditions or regulations for use, or leases existing on said real property under which the rentals or benefits belong to its owner.
(3) Reserve for contingencies.— means an additional reserve of premiums established for the protection of the policyholders against the effects of adverse conditions in the economic cycle.
(4) Surplus with regard to policyholders.— means the aggregate sum of the capital, surplus and reserve for contingencies.
History —Ins. Code, added as § 23.010 on Mar. 11, 1976, No. 12, p. 27, § 1; Aug. 15, 1999, No. 244, § 1; May 16, 2002, No. 65, § 1.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-23/2302/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 23 - Mortgage Loans Insurance (§§ 2301 — 2307)›§ 2302 - Capital, surplus and contingencies; requirements
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 23 - Mortgage Loans Insurance (§§ 2301 — 2307) › § 2302 - Capital, surplus and contingencies; requirements
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(1) An insurer may not be authorized to transact a mortgage loans insurance business unless he owns and maintains a paid-in capital of not less than one million dollars ($1,000,000) and a paid-in surplus of not less than one million dollars ($1,000,000).
(2) In addition to the capital and surplus required in this section, each insurer of mortgage loans shall establish a contingency reserve equal to fifty percent (50%) of the premiums earned after establishing the reserve for unearned premiums. This amount shall be segregated from the surplus. The premiums shall be considered earned for the period of coverage in accordance with the formula of “the sum of the digits” and may be computed to the nearest complete calendar month. Contributions to the reserve for contingencies shall be maintained for a period of one hundred twenty (120) months, except that, with the approval of the Commissioner, the insurer may make withdrawals in any year in which the real losses exceed thirty-five percent (35%) of the premiums earned during that year. The Commissioner shall through regulations determine when the insurer may make such withdrawals. If withdrawals are authorized, contributions to the reserve shall be withdrawn in the same chronological order which they came in.
The insurer shall maintain fifty percent (50%) of the minimum capital required by this chapter or fifty percent (50%) of the reserve for contingencies, whichever is greater, on businesses in Puerto Rico and shall invest same only in such investments as are eligible under § 316(2) of this title.
The reserve for business contingencies in Puerto Rico shall be, among other reasonable purposes of protection of the insured, for the protection of all the policyholders of the insurer in Puerto Rico.
(3) Whenever the laws or regulations of the state of domicile of a foreign insurer require a reserve of unearned premiums or for contingencies greater than that established in this section, it shall be considered that the insurer meets the requirements of reserves of unearned premiums and for contingencies herein established.
(4) A mortgage loans insurer shall not have in force at any time, a total obligation on the bulk of his insurance policies which exceeds twenty-five (25) times his surplus with regard to policyholders. Said obligation shall be computed on the basis of thirty percent (30%) of the outstanding balance of the bulk of the insured loans. If any insurer has in force at a given time a total obligation exceeding twenty-five (25) times his surplus with regard to policyholders, he shall cease transacting new business until his total obligation does not exceed said limit. In computing the total obligation, the amortization may be estimated based on the average of the term and rate of interest of the loans in the portfolio of the insurer.
(5) A mortgage loans insurer may not declare a dividend in cash except from the undistributed profits remaining over and above the entirety of the paid-in capital, paid-in surplus and contingency reserve.
History —Ins. Code, added as § 23.020 on Mar. 11, 1976, No. 12, p. 27, § 1; Jan. 19, 1998, No. 31, § 1.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-23/2303/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 23 - Mortgage Loans Insurance (§§ 2301 — 2307)›§ 2303 - Limitations and restrictions in transacting business
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 23 - Mortgage Loans Insurance (§§ 2301 — 2307) › § 2303 - Limitations and restrictions in transacting business
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(1) Mortgage loans insurance may be transacted only by a stock insurer duly authorized pursuant to this chapter and shall be written only to insure loans secured by authorized realty guaranties as defined in § 2301 of this title.
(2) An insurer shall limit the amount or his obligation to a maximum of thirty percent (30%) of the amount of any claim payable under the terms of his policy, but instead of paying the above-mentioned amount the insurer may elect to pay in full the amount of the claim as defined in his policy, and acquire the ownership title to the realty guaranty. Upon determining his obligation, the insurer may deduct from it the portion ceded through the reinsurance authorized by § 412 of this title.
(3) An insurer of mortgage loans insurance who transacts elsewhere any kind of insurance other than mortgage loans insurance is not eligible for the issuance to him of a certificate of authority to transact mortgage loans insurance, nor for the renewal thereof.
(4) Nothing contained in this chapter shall be construed as limiting the right of any mortgage loans insurer to impose reasonable requisites to the lender with regard to the terms of any note or bond, or any other evidence of indebtedness secured by mortgage or trust deed, such as to require from the borrower a stipulated amount as down payment.
History —Ins. Code, added as § 23.030 on Mar. 11, 1976, No. 12, p. 27, § 1; Jan. 19, 1998, No. 31, § 2; May 16, 2002, No. 65, § 2.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-23/2304/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 23 - Mortgage Loans Insurance (§§ 2301 — 2307)›§ 2304 - Reserve for losses
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 23 - Mortgage Loans Insurance (§§ 2301 — 2307) › § 2304 - Reserve for losses
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(1) In addition to the reserve for contingencies required in § 2302 of this title, every insurer of mortgage loans shall establish a reserve for losses for the payment of estimated claims and adjustment expenses in the following cases:
(a) Loans in which the insured holds ownership title acquired as previous requirements to the filing of a claim.
(b) Loans under foreclosure proceedings.
(c) Loans in default for four (4) or more monthly payments.
(d) Expenses of losses adjustment in all the cases above mentioned.
(2) Properties acquired in payment of claims shall be entered in the books of the insurer at a value not to exceed the reasonable market value. When the cost of acquisition of the claim exceeds said value, the excess shall be charged to subscription losses.
History —Ins. Code, added as § 23.040 on Mar. 11, 1976, No. 12, p. 27, § 1.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-23/2305/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 23 - Mortgage Loans Insurance (§§ 2301 — 2307)›§ 2305 - Funds required
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 23 - Mortgage Loans Insurance (§§ 2301 — 2307) › § 2305 - Funds required
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(1) The funds required from mortgage loan insurers in order to qualify for authority to contract this kind of insurance are those indicated under § 2302 of this title.
History —Ins. Code, added as § 23.050 on Mar. 11, 1976, No. 12, p. 27, § 1; July 20, 1979, No. 154, p. 395, § 9.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-23/2306/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 23 - Mortgage Loans Insurance (§§ 2301 — 2307)›§ 2306 - Application
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 23 - Mortgage Loans Insurance (§§ 2301 — 2307) › § 2306 - Application
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(1) All provisions of the Insurance Code not in conflict with this chapter shall govern in so far as they are applicable to insurers of mortgage loans insurance.
(2) If any provision of this chapter or the application of such provision to any circumstance is adjudged invalid, the remainder of the chapter or the application of the provision to other circumstances shall not be affected.
History —Ins. Code, added as § 23.060 on Mar. 11, 1976, No. 12, p. 27, § 1.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-23/2307/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 23 - Mortgage Loans Insurance (§§ 2301 — 2307)›§ 2307 - Applicability
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 23 - Mortgage Loans Insurance (§§ 2301 — 2307) › § 2307 - Applicability
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The provisions of this chapter shall not apply to those mortgage insurances in which the Housing Bank acts as insurer by virtue of §§ 261–272 of Title 7. Provided, That in cases where the Housing Bank may opt to contract the mortgage insurances with an insurance company, the latter shall be bound to comply with the provisions of this chapter.
History —Ins. Code, added as § 23.070 on Mar. 11, 1976, No. 12, p. 27, § 2.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-24/2401/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 24 - Title Insurance (§§ 2401 — 2404)›§ 2401 - Scope of chapter
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 24 - Title Insurance (§§ 2401 — 2404) › § 2401 - Scope of chapter
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This chapter relates only to title insurers.
History —Ins. Code § 24.010.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-24/2402/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 24 - Title Insurance (§§ 2401 — 2404)›§ 2402 - Guaranty fund
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 24 - Title Insurance (§§ 2401 — 2404) › § 2402 - Guaranty fund
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(1) A title insurer shall within thirty days after expiration of each calendar year set aside into a guaranty fund an amount equal to ten percent (10%) of premiums received by it for title insurance during that year until such guaranty fund amounts to not less than the amount of capital required under this title for authority to transact title insurance, and shall thereafter maintain such guaranty fund unimpaired.
(2) The guaranty fund shall be security for the payment of losses and expenses incurred on account of the insurer’s title insurance, and shall not be subject to the insurer’s other liabilities so long as any such insurance is outstanding. For the purposes of this provision, a title insurance policy in which the term thereof is not otherwise specified therein shall be deemed to expire twenty years after date of issuance.
(3) The insurer shall suspend issuance of new title insurance during any period in which the guaranty fund is less than the amount required by this section. The insurer’s officers and directors knowingly violating this provision shall be jointly and severally liable as to losses incurred thereby.
(4) The amount of the guaranty fund shall be reported to the Commissioner as part of the insurer’s annual statement.
(5) The insurer shall keep such guaranty fund in Puerto Rico and shall invest it only in such investments as are eligible under § 316(2) of this title; and shall keep such investments separate from the rest of his assets.
(6) Upon liquidation, or reinsurance of all the title insurance of the insurer, the Commissioner may permit withdrawal of such part of the guaranty fund as in his discretion may not reasonably be required for the continuing protection of outstanding title insurance, and may require or approve such arrangements for the continuing custody, administration, and final liquidation of the remaining portion of such guaranty fund as he may deem, in his discretion, to be both practicable and reasonably necessary for the protection of such outstanding insurance.
History —Ins. Code § 24.020; May 10, 1976, No. 32, p. 84, § 17.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-24/2403/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 24 - Title Insurance (§§ 2401 — 2404)›§ 2403 - Investments
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 24 - Title Insurance (§§ 2401 — 2404) › § 2403 - Investments
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(1) A domestic insurer transacting only title insurance may invest up to one-fourth of its minimum required paid-in capital, and any of its surplus in such books, maps, abstracts, and other records as are requisite or convenient for transaction of its business as title insurer, and in the maintenance thereof.
(2) Said insurer may invest the rest of its funds, after meeting its guaranty fund requirement, in such investments as are eligible as investments for other insurers under Chapter 6 of this title.
History —Ins. Code § 24.030; May 10, 1976, No. 32, p. 84, § 18.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-24/2404/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 24 - Title Insurance (§§ 2401 — 2404)›§ 2404 - Prohibition against guaranteeing obligations executed by others
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 24 - Title Insurance (§§ 2401 — 2404) › § 2404 - Prohibition against guaranteeing obligations executed by others
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An insurer shall not in any manner guarantee the payment of the principal of or interest on bonds or other obligations executed by others.
History —Ins. Code § 24.040.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-25/2501/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 25 - Reserve for Catastrophic Insurance Losses (§§ 2501 — 2509)›§ 2501 - Statement of purposes
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 25 - Reserve for Catastrophic Insurance Losses (§§ 2501 — 2509) › § 2501 - Statement of purposes
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The purpose of this chapter is to require domestic insurers to establish a reserve for the payment of losses arising from the catastrophes to which Puerto Rico is exposed, so that said insurers may have the financial capacity to offer the greatest protection to those insurers exposed to said risks. The provisions of this chapter also seek that domestic insurers depend less on the capacity of foreign reinsurers, since when purchasing reinsurance for these risks, they would only be compelled to buy the excess of the required minimum withholding amounts. As a result of this, the types of catastrophic premium insurance rates in Puerto Rico would be affected in the least possible by the price demands of the world reinsurance market.
History —Ins. Code, added as § 25.010 on Aug. 12, 1994, No. 73, § 1; Oct. 13, 2006, No. 227, § 1.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-25/2502/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 25 - Reserve for Catastrophic Insurance Losses (§§ 2501 — 2509)›§ 2502 - Definitions
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 25 - Reserve for Catastrophic Insurance Losses (§§ 2501 — 2509) › § 2502 - Definitions
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As used in this chapter:
(1) Trust.— Means the trust constituted by each native insurer pursuant to § 2504 of this title.
(2) Catastrophic insurance losses.— Means the aggregate losses due to an occurrence, as this term is defined in the insurance contract, sustained by a native insurer under a catastrophic insurance coverage or under a combination of said coverages.
(3) Net direct premiums.— Means the gross direct premiums underwritten in Puerto Rico for catastrophic insurance less the returned premiums or unused or unabsorbed portions of deposit premiums.
(4) Reserve for catastrophic insurance losses.— Means the reserve established pursuant to § 2503 of this title.
(5) Catastrophic insurance.— Means the insurance for all types of real estate or personal property, and the interest thereon, against loss or damage caused by an earthquake, hurricane, fire or other catastrophes, and against losses as a result of such loss or damage.
(6) Minimum withholding.— Means the amount to be withheld by each insurer in the purchase of reinsurance for catastrophic insurance.
(7) Catastrophic exposure.— Means the maximum probable loss to be sustained by an insurer before deducting reinsurance, due to the occurrence of a catastrophic event that has been estimated in accordance with a risk simulation model developed by a recognized firm and accepted by the Commissioner. In case of a hurricane, the simulation model shall use a hurricane whose occurrence probability is one (1) in every one hundred (100) years, and for an earthquake, the simulation model to be used shall be an earthquake whose occurrence probability is one (1) in every two hundred fifty (250) years.
History —Ins. Code, added as § 25.020 on Aug. 12, 1994, No. 73, § 1; Oct. 13, 2006, No. 227, § 2.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-25/2503/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 25 - Reserve for Catastrophic Insurance Losses (§§ 2501 — 2509)›§ 2503 - Required reserve for catastrophic insurance losses
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 25 - Reserve for Catastrophic Insurance Losses (§§ 2501 — 2509) › § 2503 - Required reserve for catastrophic insurance losses
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(1) The native insurers who are underwriting catastrophic insurance in Puerto Rico, must establish and accrue a reserve for all their policies that provide catastrophic insurance coverage. Pursuant to the provisions of § 2506 of this title, the assets that secure said reserve shall be used for the payment of catastrophic losses that are covered by said policies.
(2) Each domestic insurer shall annually compute the contribution to the reserve for catastrophic insurance losses by applying the proportion that the Commissioner, through regulations to such effect, determines from time to time, to its net direct premiums for that year. In order to determine said proportion, the Commissioner shall take into account the aggregate of the reserves for catastrophic insurance losses of the domestic insurers, the cost and availability of reinsurance, the cost of doing catastrophic insurance business in Puerto Rico, and any other factor that directly affects the capacity of domestic insurers to underwrite catastrophic insurance. Provided, That the proportion shall at no time exceed five percent (5%) of the net direct premiums.
(3) If a native insurer pays catastrophic insurance losses in one year, it may deduct the total amount of that payment from the reserve for catastrophic insurance losses corresponding to that year, provided that the payment does not arise from the funds contributed for reinsurance contracts that the insurer might have.
(4) The reserve for catastrophic insurance losses shall continue to increase until the total thereof reaches a sum that is at least eight percent (8%) of its catastrophic exposure for hurricanes. Insurers who, at the end of each calendar year maintain an amount accrued in their reserve for catastrophic insurance losses that exceeds the amount of the reserve required under this subsection, may withdraw the excess through a written request to the Commissioner. The Commissioner shall authorize said withdrawal within a term of not more than thirty (30) days following the receipt of the request.
(5) If a native insurer who is part of a group of insurers as an affiliate or subsidiary, transfers on a specific date or gradually, through a transaction, all or part of the volume of the catastrophic insurance business to another native insurer who is part of said group, the acquirer shall increment its reserve, with the corresponding contribution of funds to the trust, by an amount that shall be equal to the reserve that the transferring insurer had at the time of the transaction, multiplied by the proportion of the volume of business thus transferred.
(6) The reserve for catastrophic insurance losses shall be part of the liabilities of the domestic insurer up to a total amount of at least two percent (2%) of its catastrophic risk for hurricanes. The remaining portion of the reserve shall be part of the surplus of the insurer and shall not be considered as the reserve required for purposes of § 414(4)(a) of this title. The Commissioner, through regulation, order or administrative determination to such effects, shall establish the mechanism to be used by the insurer to show the amount of the liabilities required by this chapter in the annual financial statement. The contributions to the catastrophic reserve losses shall be in the nature of unpaid losses and the required minimum withholding shall be charged against the assets of the domestic insurer upon determination of his/her financial situation. Contributions to the catastrophic reserve shall be deductible as a loss when determining the taxable net income under the Puerto Rico Internal Revenue Code.
(7) At the time of the purchase of reinsurance for catastrophic insurance, every insurer shall be bound to establish a minimum withholding of at least two percent (2%) of its catastrophic risk for hurricanes. The Commissioner, through regulations, order or administrative ruling to such effects, shall establish the procedure to be followed by the insurer to comply with this obligation.
History —Ins. Code, added as § 25.030 on Aug. 12, 1994, No. 73, § 1; Oct. 13, 2006, No. 227, § 3.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-25/2504/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 25 - Reserve for Catastrophic Insurance Losses (§§ 2501 — 2509)›§ 2504 - Trust of the assets that secure the reserve for catastrophic insurance losses
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 25 - Reserve for Catastrophic Insurance Losses (§§ 2501 — 2509) › § 2504 - Trust of the assets that secure the reserve for catastrophic insurance losses
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(1) On January 31 of each year, every native insurer who has underwritten catastrophic insurance during the previous year, shall deposit an amount of money equivalent to the reserve for catastrophic insurance losses computed according to § 2503 of this title, for the preceding year, in the trust established pursuant to the provisions of this section. The deposit shall also include the funds on account of transfers made pursuant to § 2503(5) of this title.
(2) The trust shall be previously approved by the Commissioner and shall meet the following requirements:
(a) The trust shall be constituted pursuant to the laws of Puerto Rico.
(b) The trust shall credit the income accrued on account of the investment of its assets, to its funds pursuant to the provisions of § 2505 of this title.
(c) Except for the provisions of §§ 2506(2) and 2507 of this title, the trust shall use its funds solely and exclusively for the payment of catastrophic insurance losses and for the adjustment expenses inherent to said losses.
(d) The trustee in charge of managing the trust, who shall be domiciled in Puerto Rico, must also be approved by the Commissioner, and must perform the operation of the trust from this jurisdiction.
(3) The Commissioner shall audit the operations of the trust to verify its compliance with the applicable laws.
History —Ins. Code, added as § 25.040 on Aug. 12, 1994, No. 73, § 1.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-25/2505/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 25 - Reserve for Catastrophic Insurance Losses (§§ 2501 — 2509)›§ 2505 - Investment of the funds of the trust
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 25 - Reserve for Catastrophic Insurance Losses (§§ 2501 — 2509) › § 2505 - Investment of the funds of the trust
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(1) The trust may invest its funds in securities authorized in Chapter 6 of this Code, pursuant to the investment policy dictated by the native insurer.
However, the trust shall not invest its funds in investments whose value is affected by the occurrence of the risks covered by catastrophic insurance in Puerto Rico.
(2) The revenues obtained from the investment of the funds shall also be a part of the reserve for catastrophic insurance losses.
History —Ins. Code, added as § 25.050 on Aug. 12, 1994, No. 73, § 1.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-25/2506/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 25 - Reserve for Catastrophic Insurance Losses (§§ 2501 — 2509)›§ 2506 - Charges against the reserve for catastrophic insurance losses
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 25 - Reserve for Catastrophic Insurance Losses (§§ 2501 — 2509) › § 2506 - Charges against the reserve for catastrophic insurance losses
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(1) Except as provided in subsection (2) of this section and § 2503 of this title, a native insurer may charge its reserve for catastrophic insurance losses, and withdraw the assets that are equivalent to said charges from the trust, exclusively for the payment of said losses and adjustment expenses thereof, in keeping with the catastrophic insurance policies issued by said insurer, provided that the catastrophic insurance losses exceed five percent (5%) of the net direct premiums underwritten by the native insurer during the calendar year preceding the year in which these losses occur. Said charges shall not exceed the amount withheld by said insurer pursuant to its reinsurance agreements.
(2) A native insurer may charge against its reserve for catastrophic insurance losses and withdraw from the trust those assets that are equivalent to said charges for the purpose of increasing its surplus for the policyholders, as defined in § 414 of this title, provided that:
(a) The liabilities of the native insurer are greater than its admitted assets, both determined according to Chapter 5 of this Code;
(b) the charge against the reserve will prevent the native insurer from being submitted to a formal collection procedure, pursuant to §§ 4001–4024 of this title, and
(c) prior authorization is obtained from the Commissioner.
(3) If a charge against the reserve for catastrophic insurance losses is made pursuant to § 2507(3) of this title, the native insurer shall not renew the underwriting of said insurance unless it complies with § 2507(3) of this title.
History —Ins. Code, added as § 25.060 on Aug. 12, 1994, No. 73, § 1.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-25/2507/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 25 - Reserve for Catastrophic Insurance Losses (§§ 2501 — 2509)›§ 2507 - Withdrawal of domestic insurer from the market
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 25 - Reserve for Catastrophic Insurance Losses (§§ 2501 — 2509) › § 2507 - Withdrawal of domestic insurer from the market
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(1) Any native insurer who ceases to underwrite catastrophic insurance in Puerto Rico shall maintain its reserve for catastrophic insurance until six (6) months have elapsed after each and every one of its policies that provide catastrophic insurance coverage have ceased to be in effect or until all the claims that have arisen pursuant to said policies have been settled or closed, whichever of these two periods is the last.
(2) Once the period stipulated herein has elapsed, the domestic insurer may eliminate the reserve for catastrophic insurance losses only with the prior approval of the Commissioner, and through the payment to the Secretary of the Treasury, via the Commissioner, of a special tax of fifteen percent (15%) on the paid-in amounts and the taxable income obtained from the investment thereof which at the time of the approval are deposited in the trust established pursuant to § 2504 of this title, and whose taxation has been deferred pursuant to § 2503(6) of this title. The domestic insurer may eliminate the reserve for catastrophic insurance losses and withdraw the assets from the trust only after having obtained said approval and having paid the special tax.
(3) If said insurer wishes to resume underwriting said insurance after the date on which a native insurer has been given the approval to eliminate the reserve for catastrophic insurance losses from its liabilities and has withdrawn or reduced the assets of the trust, pursuant to § 2506(2) of this title, it would then be bound to establish such reserve through contributions of monies to the trust in amounts equal to a proportion of the amount of the reserve that existed at the time of its elimination or reduction. Said proportion shall vary depending on the time elapsed between the date the business is resumed and the date the reserve was eliminated or reduced, as follows:
Time elapsed Proportion Less than one (1) year 100% One (1) year but less than two (2) 80% Two (2) years but less than three (3) 60% Three (3) years but less than four (4) 40% Four (4) years but less than five (5) 20% Five (5) years or more 0%
History —Ins. Code, added as § 25.070 on Aug. 12, 1994, No. 73, § 1; Oct. 13, 2006, No. 227, § 4.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-25/2508/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 25 - Reserve for Catastrophic Insurance Losses (§§ 2501 — 2509)›§ 2508 - Compliance with other provisions
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 25 - Reserve for Catastrophic Insurance Losses (§§ 2501 — 2509) › § 2508 - Compliance with other provisions
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The contents of this chapter with regard to the establishment of the reserve for catastrophic insurance losses shall not be understood as releasing the native insurer from complying with §§ 412, 414, and 415 of this title.
History —Ins. Code, added as § 25.080 on Aug. 12, 1994, No. 73, § 1.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-25/2509/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 25 - Reserve for Catastrophic Insurance Losses (§§ 2501 — 2509)›§ 2509 - Penalties
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 25 - Reserve for Catastrophic Insurance Losses (§§ 2501 — 2509) › § 2509 - Penalties
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If a native insurer does not establish the reserve for catastrophic insurance losses or does not deposit the corresponding amounts of money in the trust pursuant to the requirements of §§ 2503 and 2504 of this title, it shall be subject to an administrative fine amounting to the unestablished reserve or the amount of money not deposited in the trust, in addition to complying with said sections.
The second and subsequent violations of this nature shall entail the revoking of the authorization certificate of the native insurer, which shall not be reinstated for a period of at least one (1) year after the date of revocation.
History —Ins. Code, added as § 25.090 on Aug. 12, 1994, No. 73, § 1.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-26/2601/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 26 - Unclaimed Funds in Insurance Companies, General Agents, Managers and Producers (§§ 2601 — 2612)›§ 2601 - Title
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 26 - Unclaimed Funds in Insurance Companies, General Agents, Managers and Producers (§§ 2601 — 2612) › § 2601 - Title
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This chapter shall be known as Life Insurance Companies, General Agents, Managers and Producers Unclaimed Funds Act.
History —Ins. Code, added as § 26.010 on May 30, 1970, No. 61, p. 159; July 23, 1974, No. 133, Part 1, p. 598, § 11; Jan. 19, 2006, No. 10, § 9, eff. 120 days after Jan. 19, 2006.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-26/2602/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 26 - Unclaimed Funds in Insurance Companies, General Agents, Managers and Producers (§§ 2601 — 2612)›§ 2602 - Scope
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 26 - Unclaimed Funds in Insurance Companies, General Agents, Managers and Producers (§§ 2601 — 2612) › § 2602 - Scope
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This chapter shall apply to unclaimed funds, as defined in § 2603(b) of this title of any insurer, general agent, manager and producer to whom the insurer may have returned or credited funds to transmit to a person entitled thereto, who is engaged in the business in Puerto Rico when the last known address of the person entitled to the funds is one in Puerto Rico, in accordance with the records of the insurer, general agent, manager and producer. If the person entitled to the funds is not the insured or the annuitant, and no address of this person is known, or if from the records there does not appear in a certain and definite manner what person is entitled to the funds, it shall be presumed, in both cases, for the purposes of this chapter, that the last known address of the person entitled to receive the funds is the same as the last known address of the insured or annuitant, in accordance with the records of the insurer, general agent, manager and producer.
History —Ins. Code, added as § 26.020 on May 30, 1970, No. 61, p. 159; July 23, 1974, No. 133, Part 1, p. 598, § 12; Jan. 19, 2006, No. 10, § 9, eff. 120 days after Jan. 19, 2006.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-26/2603/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 26 - Unclaimed Funds in Insurance Companies, General Agents, Managers and Producers (§§ 2601 — 2612)›§ 2603 - Definitions
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 26 - Unclaimed Funds in Insurance Companies, General Agents, Managers and Producers (§§ 2601 — 2612) › § 2603 - Definitions
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(1) For the purposes of this chapter, the following terms shall have the meanings set forth hereinbelow:
(a) Insurer.— Means any insurer including a fraternal benefit society, as defined in § 3601 of this title, who carries out all kinds of insurance transactions in Puerto Rico.
(b) Unclaimed funds.— Means the money held and owed, including unearned premiums by any insurer doing business in Puerto Rico, unclaimed and unpaid for more than five (5) years after the moneys became due and payable under any insurance policy as established from the records of the insurer, or the general agent, manager, or authorized representative thereof.
(2) In the case of a life insurance policy which has not become due because of the conclusive evidence of the previous death of the insured shall be considered as due and the corresponding benefits shall be considered due and payable within the meaning of this chapter, if the policy is in effect when the insured has attained the age limit, under the mortality rate on which the reserve is based.
(3) Moneys otherwise admitted due and not paid shall be considered as “withheld and indebted” within the meaning of this chapter even when the policy or contract has not been delivered as required.
History —Ins. Code, added as § 26.030 on May 30, 1970, No. 61, p. 159; July 23, 1974, No. 133, Part 1, p. 598, § 13; Jan. 19, 2006, No. 10, § 9, eff. 120 days after Jan. 19, 2006; Aug. 22, 2012, No. 199, § 1.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-26/2604/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 26 - Unclaimed Funds in Insurance Companies, General Agents, Managers and Producers (§§ 2601 — 2612)›§ 2604 - Reports
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 26 - Unclaimed Funds in Insurance Companies, General Agents, Managers and Producers (§§ 2601 — 2612) › § 2604 - Reports
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(1) Every insurer and every general agent, manager or authorized representative shall, on or before May 1 of each year, submit a written report to the Commissioner on all unclaimed funds, as defined in § 2603(b) of this title, withheld and indebted to the former as of the immediately preceding December 31; but the report shall not be required to include sums of less than five dollars ($5) or sums which have been paid to another state or jurisdiction prior to the date of effectiveness of this act. In cases where the insurer has transmitted or credited the funds to his/her general agent, manager or authorized representative to be returned to the person entitled thereto, he/she shall be exempted from filing the report required in this section, but shall submit a certification to such effect to the Commissioner.
(2) The report shall be signed and sworn by an officer of the insurer and in the case of a general agent, manager, or authorized representative, it shall be signed by any of the persons appearing in the license and shall establish:
(a) In alphabetical order, the full name of the insured, annuitant, beneficiary or person who may have any interest in the funds, his/her last known address in accordance with the records of the insurer, general agent, manager or authorized representative and the number of the policy or contract.
(b) The amount indebted on the policy or contract in accordance with the records of the insurer, general agent, manager or authorized representative.
(c) The date on which the unclaimed funds became payable.
(d) The name and the last known address of each insured, beneficiary or person who, according to the records of the insurer, general agent, manager or authorized representative, may have an interest in the unclaimed funds.
(e) Any steps taken by the insurer, general agent or authorized representative to locate the insured or beneficiary.
(f) All such other information as the Commissioner may deem necessary to require.
(3) Every insurer, general agent, manager or authorized representative who does not have unclaimed funds shall submit a negative certification to such effect.
(4) Every insurer, general agent, manager or authorized representative who fails to submit the report required by this section on the date fixed, shall be penalized by the sanctions provided by the Code, as it corresponds. It shall be understood further that a report has not been duly submitted, if it fails to meet the requirements of subsection (2) of this section or does not contain all the information required by the Commissioner.
History —Ins. Code, added as § 26.040 on May 30, 1970, No. 61, p. 159; July 23, 1974, No. 133, Part 1, p. 598, § 14; Jan. 19, 2006, No. 10, § 9; Aug. 4, 2008, No. 155, § 5.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-26/2605/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 26 - Unclaimed Funds in Insurance Companies, General Agents, Managers and Producers (§§ 2601 — 2612)›§ 2605 - Notice of unclaimed funds; publication
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 26 - Unclaimed Funds in Insurance Companies, General Agents, Managers and Producers (§§ 2601 — 2612) › § 2605 - Notice of unclaimed funds; publication
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(1) On or before September 1 following the presentation of the reports required under § 2604 of this title, each insurer and each general agent, manager, or authorized representative to whom the insurer may have remitted or credited funds, shall cause notices to be published based on the information contained in the reports and entitled, “Notice of Unclaimed Funds, Withheld and Indebted by Insurance Companies and/or General Agents, Managers or Authorized Representatives”. Such notice must be published once a week for two (2) consecutive weeks in a newspaper of general circulation in Puerto Rico.
(2) Each notice shall contain in alphabetical order the names of the insured persons or beneficiaries, in addition to:
(a) The amount reported as due and the date it became payable.
(b) The name and last known address of each insured, beneficiary or person that, in accordance with the reports of the insurer, general agent, manager or authorized representative, may have an interest in the unclaimed funds.
(c) The name and the address of the insurer, general agent, manager, or authorized representative.
(3) The notice shall also set forth that the unclaimed funds shall be payable by the insurer, general agent, manager, or authorized representative to those persons who may prove to his satisfaction before the next December 1, their right to receive same, and that not later than the following December 20, such unclaimed funds which still remain uncollected shall be paid to the Commissioner, who shall be thereinafter responsible for their payment.
(4) Insurers, general agents, managers, or authorized representatives shall not be under the obligation to publish amounts of less than fifty dollars ($50) in such notice, unless the Commissioner may consider that such publication is for the good of the public interest.
(5) Expenses incurred in connection with the publication required hereunder shall be defrayed by the insurer, general agent, manager, or authorized representative and chargeable against the unclaimed funds contained in said publication, deducting therefrom such expenses.
(6) The title of the notice to be published shall appear in a font not larger than thirty-eight (38) points, but may be smaller; however, the content of such publication must appear in a font size not smaller than ten (10) points.
(7) Every insurer, general agent or authorized representative shall strictly follow the procedures established herein for the notice and management of unclaimed funds, any noncompliance, default, or diversion from the procedures may be penalized with the sanctions set forth in the Code, as it corresponds.
History —Ins. Code, added as § 26.050 on May 30, 1970, No. 61, p. 159; July 23, 1974, No. 133, Part 1, p. 598, § 15; Jan. 19, 2006, No. 10, § 9; Aug. 4, 2008, No. 155, § 6.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-26/2606/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 26 - Unclaimed Funds in Insurance Companies, General Agents, Managers and Producers (§§ 2601 — 2612)›§ 2606 - Payment to Commissioner
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 26 - Unclaimed Funds in Insurance Companies, General Agents, Managers and Producers (§§ 2601 — 2612) › § 2606 - Payment to Commissioner
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All unclaimed funds contained in the report required under § 2604 of this title, except those which have ceased to be unclaimed funds, shall be payable to the Commissioner on or before the following December 20; as of said date, the payment of legal interest shall be imposed on the indebted sum, in addition to any sanctions provided in the Code, as it corresponds.
History —Ins. Code, added as § 26.060 on May 30, 1970, No. 61, p. 159; Aug. 4, 2008, No. 155, § 7.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-26/2607/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 26 - Unclaimed Funds in Insurance Companies, General Agents, Managers and Producers (§§ 2601 — 2612)›§ 2607 - Custody of unclaimed funds by Commonwealth; release from liability
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 26 - Unclaimed Funds in Insurance Companies, General Agents, Managers and Producers (§§ 2601 — 2612) › § 2607 - Custody of unclaimed funds by Commonwealth; release from liability
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Upon making the payment of unclaimed funds to the Commissioner the latter shall cover same into the general funds of the Commonwealth Treasury. The insurer who makes such payments shall be released from all liability or any claim or claims existing at that moment, with regard to unclaimed funds or that hereinafter be made or that may arise on or in connection with any of such unclaimed funds.
History —Ins. Code, added as § 26.070 on May 30, 1970, No. 61, p. 159; July 23, 1974, No. 133, Part 1, p. 598, § 16.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-26/2608/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 26 - Unclaimed Funds in Insurance Companies, General Agents, Managers and Producers (§§ 2601 — 2612)›§ 2608 - Refund for claims paid by insurers
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 26 - Unclaimed Funds in Insurance Companies, General Agents, Managers and Producers (§§ 2601 — 2612) › § 2608 - Refund for claims paid by insurers
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Any person who allegedly claims to be entitled to unclaimed funds which have been paid to the Commissioner may present a claim before the Commissioner within the term of one (1) year reckoning from the date of the delivery to the Commissioner of said unclaimed funds. The above term of expiration, in case of minors, shall be reckoned from the date they may have attained the age of twenty-one years. Upon previous verification of the right of the claimant by the Commissioner, the Secretary of the Treasury is hereby authorized to reinstate such funds or the corresponding part thereof to said persons. Any unclaimed funds within the term herein established shall pass to be the property of the Commonwealth of Puerto Rico.
History —Ins. Code, added as § 26.080 on May 30, 1970, No. 61, p. 159.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-26/2609/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 26 - Unclaimed Funds in Insurance Companies, General Agents, Managers and Producers (§§ 2601 — 2612)›§ 2609 - Determination and revision of claims
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 26 - Unclaimed Funds in Insurance Companies, General Agents, Managers and Producers (§§ 2601 — 2612) › § 2609 - Determination and revision of claims
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The Commissioner shall have absolute discretion to accept or reject any claim. If a claim is rejected or no action is taken thereon within the ninety (90) days following the receipt of the claim, the claimant may solicit from the Court of First Instance an order, with notice to the Commissioner, so that the latter shows, within the term of thirty (30) days, cause whereby he has not accepted and paid the claim.
History —Ins. Code, added as § 26.090 on May 30, 1970, No. 61, p. 159.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-26/2610/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 26 - Unclaimed Funds in Insurance Companies, General Agents, Managers and Producers (§§ 2601 — 2612)›§ 2610 - Payment of allowed claims
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 26 - Unclaimed Funds in Insurance Companies, General Agents, Managers and Producers (§§ 2601 — 2612) › § 2610 - Payment of allowed claims
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Any claim allowed by the Commissioner or whose payment may have been ordered by him, or by a court of competent jurisdiction, shall be paid from the general funds of the Commonwealth Treasury.
History —Ins. Code, added as § 26.100 on May 30, 1970, No. 61, p. 159.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-26/2611/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 26 - Unclaimed Funds in Insurance Companies, General Agents, Managers and Producers (§§ 2601 — 2612)›§ 2611 - Reports required
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 26 - Unclaimed Funds in Insurance Companies, General Agents, Managers and Producers (§§ 2601 — 2612) › § 2611 - Reports required
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The Commissioner shall keep in his office a public record of each payment of unclaimed funds received by him from any insurer, general agent, manager and producer. The report shall show, in alphabetical order, the name and last known address of each insured person or annuitant and of each beneficiary or person who, in accordance with the records of the insurer, may have interest in such unclaimed funds, and with regard to each policy or contract, its number, the name of the insurer and the amount due.
History —Ins. Code, added as § 26.110 on May 30, 1970, No. 61, p. 159; July 23, 1974, No. 133, Part 1, p. 598, § 17; Jan. 19, 2006, No. 10, § 9, eff. 120 days after Jan. 19, 2006.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-27/2701/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 27 - Unfair Practices and Frauds (§§ 2701 — 2740)›§ 2701 - Declaration of purpose
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 27 - Unfair Practices and Frauds (§§ 2701 — 2740) › § 2701 - Declaration of purpose
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The purpose of this chapter is to regulate trade practices in the business of insurance by defining, or providing for the determination of, all such practices in Puerto Rico which constitute unfair methods of competition, or deceptive acts or practices, and by prohibiting the trade practices so defined or determined.
History —Ins. Code § 27.010.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-27/2702/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 27 - Unfair Practices and Frauds (§§ 2701 — 2740)›§ 2702 - Unfair competition; unfair, deceptive practices prohibited
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 27 - Unfair Practices and Frauds (§§ 2701 — 2740) › § 2702 - Unfair competition; unfair, deceptive practices prohibited
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No person shall engage in Puerto Rico in any act or practice which is prohibited in this chapter, or which is defined therein as, or determined pursuant thereto to be, an unfair method of competition or an unfair or deceptive act or practice in the business of insurance.
History —Ins. Code § 27.020.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-27/2703/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 27 - Unfair Practices and Frauds (§§ 2701 — 2740)›§ 2703 - Unreasonable restraint of the insurance business, conditioned subscription, interlocking co...
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 27 - Unfair Practices and Frauds (§§ 2701 — 2740) › § 2703 - Unreasonable restraint of the insurance business, conditioned subscription, interlocking control, monopoly
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(1) No person shall enter into or concert any action, or agreement to commit, or by any concerted action shall commit any act of boycott, coercion or intimidation resulting in or tending to result in unreasonable restraint of or in a monopoly in the insurance business.
(2) No person shall force nor condition the subscription, assumption, sale or purchase of a specific risk of one type of insurance to the subscription, assumption, purchase or sale of another risk of another type of insurance. Nevertheless, any insurer may offer any of those multiple line insurance policies which are authorized by the Commissioner.
(3) Any insurer may retain, invest in or acquire the whole or any part of the capital stock of any other insurer or insurers, or have a common management with any other insurer or insurers, unless such retention, investment, acquisition or common management is inconsistent with any other provision of this title, or unless by reason thereof the business of such insurers with the public is conducted in a manner which substantially lessens competition in general in the insurance business or tends to create a monopoly therein.
(4) A person may be a director of two or more insurers which are competitors, unless the effect thereof is to substantially lessen competition between insurers in general or tends to create a monopoly.
History —Ins. Code § 27.030; July 20, 1979, No. 165, p. 420, § 6; renumbered as § 27.070 and amended on Aug. 9, 2008, No. 230, § 5, eff. 90 days after Aug. 9, 2008.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-27/2703a/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 27 - Unfair Practices and Frauds (§§ 2701 — 2740)›§ 2703a - Obligation to notify coverage; policy copy
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 27 - Unfair Practices and Frauds (§§ 2701 — 2740) › § 2703a - Obligation to notify coverage; policy copy
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Unless otherwise provided in this Code, any insurer, health service organization or its authorized representative may submit, upon written request by the Commissioner, insurer, beneficiary or claimant, within ten (10) days following such notice, a copy or duplicate of the corresponding policy; Provided, That if such request is from the Commissioner, the same shall be free of charge; however, if it is from any other herein related parties, the cost per paper copy shall be not greater than ten cents (10¢) each.
Failure to comply with the obligation to deliver the required information or documents within ten (10) days or to collect payment for any of the above paragraphs, may be punishable by an administrative fine, pursuant to § 2735 of this title.
History —Ins. Code, added as § 27.040 on Aug. 9, 2008, No. 230, § 3, eff. 90 days after Aug. 9, 2008.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-27/2704/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 27 - Unfair Practices and Frauds (§§ 2701 — 2740)›§ 2704 - Advertisements in general
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 27 - Unfair Practices and Frauds (§§ 2701 — 2740) › § 2704 - Advertisements in general
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No person shall make or disseminate orally or in any other manner any advertisement, information, matter, statement, or any other type of communication or expression:
(1) Misrepresenting or exaggerating the terms of any policy or the benefits or advantages thereof or dividends or share of surplus to be received thereon, or setting forth false or misleading information or estimate as to dividends or share of surplus previously paid on similar policies.
(2) Using any name or title of any policy or class of policies misrepresenting the true nature thereof.
(3) Setting forth any misleading representation or any misrepresentation as to the financial condition of an insurer, or the volume of its business or as to the legal reserve system upon which any life insurer operates.
(4) Misrepresenting or exaggerating the financial condition, volume of business, or advantages of doing business through a particular producer or agency.
(5) Containing any assertion, representation, or statement with respect to the business of insurance or with respect to any person in the conduct of his insurance business, which is untrue, deceptive, or misleading.
(6) Leading a person to believe that the insurance products offered by a financial institution, its subsidiaries or affiliates, that are obtained by any of them, are sponsored by the federal or state government.
(7) Providing for the sale of an insurance product not authorized under this Code.
History —Ins. Code § 27.040; Jan. 19, 2006, No. 10, § 9; renumbered as § 27.050 and amended on Aug. 9, 2008, No. 230, § 4, eff. 90 days after Aug. 9, 2008.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-27/2705/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 27 - Unfair Practices and Frauds (§§ 2701 — 2740)›§ 2705 - Advertisement of assets, liabilities
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 27 - Unfair Practices and Frauds (§§ 2701 — 2740) › § 2705 - Advertisement of assets, liabilities
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Any advertisement or other dissemination of information by or on behalf of an insurer stating the insurer’s assets shall, in the same connection and with equal conspicuousness, state the insurer’s liabilities, computed on the basis allowed for its annual statements. Any such statement purporting to show the insurer’s capital shall state only the amount of actually paid-in capital.
History —Ins. Code § 27.050, renumbered as § 27.060 on Aug. 9, 2008, No. 230, § 2, eff. 90 days after Aug. 9, 2008.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-27/2706/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 27 - Unfair Practices and Frauds (§§ 2701 — 2740)›§ 2706 - False financial statements
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 27 - Unfair Practices and Frauds (§§ 2701 — 2740) › § 2706 - False financial statements
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(1) No chief official of an insurer shall swear an annual statement report knowing that it contains false or inaccurate information.
(2) No person shall make any false entry in any book, report or statement or omit to make a true entry of any material fact pertaining to the business of the insurer, or file a false financial situation of any insurer or other person required to file accounts statements pursuant to the provisions of this Code.
(3) No person shall make a compilation that contravenes the accounting methods and practices generally accepted within the insurance business or those approved by the Commissioner.
(4) Any person who intentionally violates this provision shall incur a felony.
History —Ins. Code § 27.060, renumbered as § 27.090 and amended on Aug. 9, 2008, No. 230, § 7, eff. 90 days after Aug. 9, 2008.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-27/2707/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 27 - Unfair Practices and Frauds (§§ 2701 — 2740)›§ 2707 - Defamation prohibited
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 27 - Unfair Practices and Frauds (§§ 2701 — 2740) › § 2707 - Defamation prohibited
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No person shall make, publish, or disseminate or aid, abet or encourage the making, publishing or dissemination of any information or statement which is false or maliciously critical of or derogatory to the financial condition of an insurer, and which is designed to injure in its reputation or business any insurer, or any domestic corporation or group being formed pursuant to this title for the purpose of becoming an insurer, or other person engaged in the insurance business.
History —Ins. Code § 27.070, renumbered as § 27.080 on Aug. 9, 2008, No. 230, § 2, eff. 90 days after Aug. 9, 2008.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-27/2708/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 27 - Unfair Practices and Frauds (§§ 2701 — 2740)›§ 2708 - Unfair discrimination prohibited
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 27 - Unfair Practices and Frauds (§§ 2701 — 2740) › § 2708 - Unfair discrimination prohibited
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(1) No insurer other than a life insurer or disability insurer shall establish or permit any difference to be established on behalf of specific persons, and in prejudice of others, or between the insured or subjects of insurance having substantially similar insuring, risk and exposure factors, or expense elements, in the terms or conditions of insurance contracts, or in the rates or premiums charged therefor.
(2) No insurer shall make or permit any unfair discrimination between individuals of the same class and equal expectation of life in the rates charged for any contract of life insurance or of life annuity or in the dividends or other benefits payable thereon, or in any other of the terms and conditions of such contract, except that in determining the class, consideration may be given to the nature of the risk, plan of insurance, the actual or expected expense of conducting the business or any other relevant factor.
(3) No insurer shall make or permit any unfair discrimination between individuals of the same class involving essentially the same hazards, in the amount of premium, policy fees, or rates charged for any policy or contract of disability insurance or in the benefits payable thereunder, or in any of the terms or conditions of such contract, or in any other manner whatsoever, except that in determining the class, consideration may be given to the nature of the risk, plan of insurance, the actual or expected expense of conducting the business or any other relevant factor.
(4) No insurer shall cancel an insurance coverage if it were otherwise cancelable or shall refuse to grant or renew an insurance policy using as only basis the credit history of said applicant or insured, unless the insurer has creditable substantial documentation that the credit history is significantly related to the risk insured or to be insured or that the credit history of the applicant or insured significantly increases the risk insured by the policy.
History —Ins. Code § 27.080; June 4, 1983, No. 89, p. 211, § 7; Aug. 25, 2000, No. 196, § 1, renumbered as § 27.130 on Aug. 9, 2008, No. 230, § 2, eff. 90 days after Aug. 9, 2008.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-27/2708a/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 27 - Unfair Practices and Frauds (§§ 2701 — 2740)›§ 2708a - Prohibited property insurance practices
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 27 - Unfair Practices and Frauds (§§ 2701 — 2740) › § 2708a - Prohibited property insurance practices
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In the offering and underwriting of property insurance policies that cover windstorm or earthquake risks, the following shall be observed:
(1) Except as provided in subsection (2) of this section, no insurer shall refuse to offer the minimum required deductible to an insurance applicant or an insured person who requests the same. For the purposes of this section, “minimum required deductible” means that portion of the amount of a covered claim that the insured must assume for windstorm and earthquake risks, which shall be as described below:
(a) One percent (1%) of the limit of the policy applicable to the dangers of windstorms, with a minimum deductible of not more than five hundred dollars ($500).
(b) Three percent (3%) of the limit of the policy applicable to the dangers of earthquakes, with a minimum deductible of not more than five hundred dollars ($300) [sic].
(2) If there is a surplus for the policy holders of an insurer, or the size of the catastrophic reserves, pursuant to §§ 2501–2509 of this title, or the conditions of the world reinsurance market, or other valid reasons, prevent the insurer from offering the required minimum deductible, the latter shall provide justification to that effect to the Commissioner, requesting to be allowed to offer larger deductibles. Approval of the offering of deductibles greater than the required minimum deductible shall have a maximum effectiveness of two (2) years, after which the insurer shall again justify the offering of such deductibles and obtain the approval of the Commissioner. Said application shall be made not less than six (6) months in advance of the expiration of the above mentioned period of two (2) years.
(3)
(a) No insurer shall offer any policy in Puerto Rico that establishes deductibles that appear as a percentage of the value of the insured property, unless the value of said property is agreed upon beforehand in the policy (agreed value) between the insured and the insurer.
(b) Provided that a policy contains a provision concerning a deductible appears as a percentage of the limit of the policy, the insurer shall clearly and explicitly state in the policy the dollar amount represented by said percentage.
(4) The provision concerning the minimum deductible required, established in subsection (1) of this section, shall not apply to policies that cover commercial properties, it being understood that the condominiums of substantially residential use do not constitute commercial properties. Any condominium with a residential occupancy of not less than ninety percent (90%) of the total area of the condominium shall be deemed to be substantially residential.
(5) Unless the insured or the prospective insured person chooses another arrangement, each insurer shall offer as [an] option, if available, a clause indicating a deductible prorated in percentage terms in any property policy that covers or shall cover a condominium for windstorm or earthquake hazards. Said deductible prorated in percentage terms shall require the application of deductibles in the case of losses in units of a condominium or in its common areas, in proportion to the ratio between the area of said units and the common areas thus affected and the total area of the condominium.
(6) The offering or issuing of each insurance policy, certificate or insurance endorsement in contravention of the provisions of this section, shall constitute a separate violation.
History —Ins. Code, added as § 27.081 on Aug. 18, 1999, No. 273, § 1; renumbered as § 27.060 and amended on Aug. 9, 2008, No. 230, § 6, eff. 90 days after Aug. 9, 2008.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-27/2710/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 27 - Unfair Practices and Frauds (§§ 2701 — 2740)›§ 2710 - Rebates and incentives
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 27 - Unfair Practices and Frauds (§§ 2701 — 2740) › § 2710 - Rebates and incentives
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(1) No person shall provide as an incentive to buy insurance, or after having underwritten an insurance, or in connection with any insurance transaction in any policy, or shall offer, sell, buy, or offer or promise to buy, sell, give, promise, or allow, to the present or prospective insured nor to any other person, in his behalf, in any manner whatsoever:
(a) Any rebate, discount, abatement, credit or reduction of the premium stipulated in a policy.
(b) Any special favor or advantage in the dividends or other benefits to accrue in a policy.
(c) Any other valuable consideration including money, prizes, goods, wares, merchandise, shares or any other securities issued or to be issued, or any interest therein or rights thereto.
(d) Any incentive such as employment, advisory contract or agreement or similar which offers or promises special profits or returns.
(e) Commissions or compensations on a policy in excess of the maximum commission fixed by the approved rating classification filed for the class, or subdivision, of the corresponding type of insurance, or in excess of the maximum commission fixed by the Commissioner for such type of subdivision, except as provided for in § 949k of this title.
(2) No insured named in a policy, nor any employee or representative thereof, shall receive or accept, directly or indirectly, any such rebate, discount, abatement or reduction of premium, or special favor or advantage or valuable consideration or incentive.
(3) Any person who participates in an unlawful rebate or incentive shall be punished by an administrative fine which shall not exceed ten thousand dollars ($10,000) for each violation. In addition, he/she shall pay restitution for the total amount of the rebate, commission or profit and shall revoke, from the beginning, any prerogative, favor, advantage, profit, lucrative employment, position or any other valuable consideration involved, whether for the benefactor or the beneficiary.
(4) None of the provisions in this section shall apply to life or disability insurance. Except as expressly provided by law, no insurer, employee, representative, general agent, producer, authorized representative or solicitor shall permit or offer to make, nor shall make any life insurance, life annuity, or disability insurance contract or agreement as to such contract other than as is clearly expressed in the contract issued thereon, nor pay, nor allow or give nor offer to pay, allow or give, directly or indirectly, as incentive to such insurance, or annuity, any rebate of premiums payable on the contract, nor any special favor or advantage in the dividends or other benefits thereon, nor any other valuable consideration or incentive whatsoever not stipulated in the contract.
History —Ins. Code § 27.100; June 4, 1983, No. 89, p. 211, § 9; Jan. 19, 2006, No. 10, § 9; Aug. 9, 2008, No. 230, § 8, eff. 90 days after Aug. 9, 2008.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-27/2711/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 27 - Unfair Practices and Frauds (§§ 2701 — 2740)›§ 2711 - Exceptions to discrimination, rebate or incentive prohibition
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 27 - Unfair Practices and Frauds (§§ 2701 — 2740) › § 2711 - Exceptions to discrimination, rebate or incentive prohibition
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Nothing in § 2710 of this title shall be construed so as to prohibit:
(1) Payment of lawfully earned commission or other lawful compensation to duly licensed producers, and solicitors.
(2) Distribution by a participating insurer to its participating policyholders of dividends, savings, or the unused or unabsorbed portion of premiums and premium deposits.
(3) Furnishing of information, advice or services for the purpose of reducing the loss or liability to loss under a policy.
(4) The collection of a premium as authorized by the applicable subscription.
(5) Reminders and any other type of promotional material with face value and which is not incompatible with other provisions of the Code or any regulation.
(6) The exceptions authorized by law regarding life and disability insurance.
(7) Life insurers from paying bonuses to policyholders or otherwise abating their premiums in whole or in part out of surplus accumulated from nonparticipating insurance, if such bonuses or abatements are fair and equitable to all policyholders and for the best interests of the insurer and its policyholders.
(8) In the case of insurance policies issued on the industrial debit plan, making allowance to policyholders who have continuously for a specified period made premium payments directly to an office of the insurer in an amount which fairly represents the saving in collection expense or making allowance to policyholders who make premium payments at less frequent intervals than required.
(9) Readjustment of the rate of premium for a group insurance policy based on the loss or expense experience thereunder, at the end of any policy year of insurance thereunder, which may be made retroactive only for such policy year.
History —Ins. Code § 27.110; Jan. 19, 2006, No. 10, § 9; Aug. 9, 2008, No. 230, § 9, eff. 90 days after Aug. 9, 2008.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-27/2711a/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 27 - Unfair Practices and Frauds (§§ 2701 — 2740)›§ 2711a - Document conservation
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 27 - Unfair Practices and Frauds (§§ 2701 — 2740) › § 2711a - Document conservation
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Any insurer, health service organization, body, advisory or service body, general agent, producer, advisor, proxy or adjuster shall keep and retain, for a five (5) -year period and in the manner provided by the Commissioner through regulations, his/her accounting books, records, and every document pertaining to its insurance business whether through physical or electronic filing. In the event that an investigation is in process, the final disposal or destruction of the documents related shall proceed only when the Commissioner issues an authorization to such effect. Any violation of the provisions of this section shall be subject to the penalties set forth in § 2726 of this title.
History —Ins. Code, added as § 27.120 on Aug. 9, 2008, No. 230, § 10, eff. 90 days after Aug. 9, 2008.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-27/2713/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 27 - Unfair Practices and Frauds (§§ 2701 — 2740)›§ 2713 - Designation of favored producer or insurer; coercion of debtors
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 27 - Unfair Practices and Frauds (§§ 2701 — 2740) › § 2713 - Designation of favored producer or insurer; coercion of debtors
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(1) No person may require as a condition for, or in connection with, a loan or the purchase or deposit of property under contract or in connection thereof, that any insurance to be provided or whose premium is to be paid directly or indirectly by or on behalf of the assignee, depositary or borrower or on his behalf, on account of such loan, purchase or deposit which secures said loan or is the subject of such a contract be provided in any manner through any particular person, producer or solicitor or any specific insurer.
(2) This section shall not prevent the reasonable exercise by the vendor, lender or depositor of his right to approve or disapprove the insurer selected to underwrite the insurance and to determine the adequacy and timeliness of the insurance offered; but in the exercise of such right:
(a) The insurance policy furnished by the assignee, depositary or borrower in his behalf shall not be disapproved if such disapproval is not based exclusively on uniformly applied reasonable standards regarding the scope of the coverage required, the insurer’s financial solvency, and the services offered. Said standards shall not discriminate against any particular type of insurer, nor shall they provide for the rejection of an insurance policy because said policy has additional coverage to what is required; and
(b) no information resulting from the requirement that an assignee, depository or borrower has to supply any class of insurance shall be used or revealed when such information is favorable to the vendor, lender or depositor, or when it will be detrimental to the assignee, depositary or borrower, insurer or the producer who complies with such requirement, and
(c) it shall not be required, directly or indirectly, for any assignee, depositary, borrower, insurer, producer to pay an additional charge with regard to the handling of any insurance policy required to secure loan, or an additional charge to be paid to substitute insurer’s insurance policy for that of another insurer; except that this clause shall not apply to interest that may be charged on loans for the payment of premiums or advances on premiums pursuant to the securing instrument, nor shall it apply to charges for administrative expenses permitted by other statutes, unless the Commissioner regulates the application of such charges in such a way that they are not in conflict with this section.
(3)
(a) If the insurance applies solely to the vendor, lender or depositor’s interest and the insurance is contracted for, or in behalf of, one of these persons said vendor, lender or depositor or any person in his behalf shall furnish a list before the contract is formalized to the assignee, depositary or borrower, of not less than five (5) insurers that qualify for the insurance in accordance with the standards established under subsection (2)(a) of this section, from which list the assignee, depositary or borrower shall select the insurer that is chosen for the insurance.
(b) If the vendor, lender or depositor places the insurance referred to in this section in contravention of what is provided, and the insurer thus selected becomes insolvent or cancels the insurance, and said cancellation results in the subsequent acquisition of another insurance policy with higher premiums, the vendor, lender or depositor shall assume the consequences of his choice without injuring the assignee, depository or borrower.
(4)
(a) The power to obtain insurance through a certain person, producer or solicitor, or any particular insurer pursuant to subsection (1) of this section may be delegated by the assignee, depositary or borrower to the vendor, lender or depositor only by express mandate. Such mandate shall expire once it has been fulfilled and the vendor, lender or depositor shall not be able to revoke or replace the designation made upon obtaining the insurance without the express consent of the assignee, depositary or borrower.
(b) The vendor, lender or depositor shall only be able to obtain insurance without the express consent of the assignee, depositary or borrower when it is indispensable to protect the best interests of the assignee, depositary or borrower and of the vendor, lender or depositor, and the efforts of the latter to obtain the authorization of the assignee, depositary or borrower have been unfruitful because the assignee, depositary or borrower did not give notice of their change of postal or residential address.
(5) The Commissioner may investigate the business of any person to whom this section applies to determine whether such person has violated its provisions. If it is verified that there has been any violation of this section, the person who committed the violation shall be subject to the same procedures and penalties which apply to the violations of other provisions of this chapter.
(6) This section shall not apply to group life or disability insurance, credit, or loans granted by life insurers.
History —Ins. Code § 27.130; July 2, 1987, No. 78, p. 275, § 1; Jan. 19, 2006, No. 10, § 9, renumbered as § 27.141 on Aug. 9, 2008, No. 230, § 2, eff. 90 days after Aug. 9, 2008.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-27/2713a/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 27 - Unfair Practices and Frauds (§§ 2701 — 2740)›§ 2713a - Financial institutions, its subsidiaries or affiliates, insurance sale methods and practic...
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 27 - Unfair Practices and Frauds (§§ 2701 — 2740) › § 2713a - Financial institutions, its subsidiaries or affiliates, insurance sale methods and practices
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(1) Financial institutions or its subsidiaries or affiliates, shall not discriminate against any insurance provided or to be provided to prospective insured by other producer or authorized representative that are not associated with the financial institution, its subsidiaries or affiliates.
(2) Financial institutions, its subsidiaries or affiliates may not reject, condition or delay a loan or credit extension due to the fact that the producer or authorized representative who has underwritten the insurance policy is not associated with such financial institution or its affiliates.
(3) Financial institutions, its subsidiaries or affiliates, shall not require a person, whether natural or juridical, or an insurer, producer or authorized representative to pay an additional charge for an insurance required to obtain a loan or a credit extension, if such charge would not be required if said insurance were to be obtained through the financial institution or its affiliates.
(4) Financial institutions, its subsidiaries, affiliates or employees shall not receive payment of commissions or compensations for the sale of insurance, unless they are licensed as required by this Code, except for the payment of a referral fee for a fixed amount, allowed under the Gramm-Leach-Bliley Act.
(5) Financial institutions, its subsidiaries, affiliates or employees may not use, without express consent from the insured or prospective insured, the insurance personal and health information of such for purposes other than those essential producer or authorized representative functions.
(6) Financial institutions, its subsidiaries, affiliates or employees may not require a person, whether natural or juridical, as a condition for approval of a loan or credit extension, to obtain insurances through the financial institution, its subsidiaries, affiliates.
(7) Financial institutions, its subsidiaries, affiliates or employees shall clearly and expressly inform every person, whether natural or juridical, who applies for a loan or credit extension of his/her rights to obtain the insurance required from the insurer, producer or authorized representative he/she prefers.
(8) Financial institutions, its subsidiaries, affiliates or employees shall use separate documents for each loan or credit extension transaction in which it is required to obtain insurance, except for credit or flood insurance.
(9) Financial institutions, its subsidiaries, affiliates or employees shall not include the cost of any insurance in the credit transaction, except for credit or flood insurance, without the consent of the consumer.
(10) Financial institutions, its subsidiaries, affiliates or employees shall keep records, account books, files and any other document regarding insurance transactions separated from those records, account books, files and any other document of the financial institution, its subsidiaries, [or its] affiliates.
(11) Financial institutions, its subsidiaries, affiliates or employees shall make available for inspection by the Commissioner all books, accounts, files and any other documents regarding insurance transactions carried out therein.
(12) The solicitation or sale of insurance in a financial institution is required to be conducted in a physically segregated area from that in which loans and credit extensions are processed, as well as it is required that if the employee who handled the processing of the loan or extension of credit refers the customer to any other persons duly licensed to solicit or sell insurance, said employee may do so only after the loan or the extension of credit has been approved.
History —Ins. Code, added as § 27.131 on Sept. 2, 2000, No. 369, § 1; Jan. 19, 2006, No. 10, § 9; renumbered as § 27.140 and amended on Aug. 9, 2008, No. 230, § 11, eff. 90 days after Aug. 9, 2008.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-27/2714a/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 27 - Unfair Practices and Frauds (§§ 2701 — 2740)›§ 2714a - Notice of claim
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 27 - Unfair Practices and Frauds (§§ 2701 — 2740) › § 2714a - Notice of claim
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An insurer, after being notified of a claim, shall acknowledge receipt thereof within the following fifteen (15) days after having being notified of the same. Any notice made to one of the persons authorized by the insurer to receive claims on his/her behalf shall be considered to be notified to the latter provided that the authorization or agreement is in effect and it has not been revoked. Any person that is not authorized to receive claims shall be required to notify the claimant of that fact, within the following seven (7) days, and indicate whom shall be notified with such notice with the address of such person. The violation of this section may be punished with an administrative fine pursuant to what is set forth in § 2735 of this title.
History —Ins. Code, added as § 27.150 on Aug. 9, 2008, No. 230, § 12, eff. 90 days after Aug. 9, 2008.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-27/2715/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 27 - Unfair Practices and Frauds (§§ 2701 — 2740)›§ 2715 - “Twisting” prohibited
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 27 - Unfair Practices and Frauds (§§ 2701 — 2740) › § 2715 - “Twisting” prohibited
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No person shall make any misleading representations or incomplete or fraudulent comparisons of any insurance policies or insurers for the purpose of inducing, or tending to induce, any person to lapse, forfeit, surrender, terminate, retain, or convert any insurance policy.
History —Ins. Code § 27.150, renumbered as § 27.030 on Aug. 9, 2008, No. 230, § 2, eff. 90 days after Aug. 9, 2008.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-27/2716/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 27 - Unfair Practices and Frauds (§§ 2701 — 2740)›§ 2716 - Illegal dealing in premiums
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 27 - Unfair Practices and Frauds (§§ 2701 — 2740) › § 2716 - Illegal dealing in premiums
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(1) No person shall collect any sum as premium or charge for insurance, which insurance is not then provided or is not in due course to be provided (subject to acceptance of the risk by the insurer) by an insurance policy issued by an insurer as authorized by this title.
(2) No person shall collect as premium or charge for insurance any sum in excess of the amount actually expended or in due course to be expended for insurance applicable to the subject on account of which the premium was collected or charged.
(3) Any sum collected as premium or charge for insurance in excess of the amount actually expended for insurance or for medical examination in the case of life insurance, applicable to the subject on account of which the premium or charge was collected shall be returned to the person entitled thereto within thirty (30) days from the date in which it is requested, and if not requested, within the term of ninety (90) days.
Any person who fails to return said sums within the term set forth in this subsection shall be bound to pay legal interest on the amount to be returned.
(4) No person shall wilfully collect premiums for insurance against hazards or risks on a property which shall not be exposed to suffer damages therefrom. No person may require an insurance coverage against hazards or risks on a property not exposed thereto; if the latter is considered to be indestructible with respect to same.
(5) No person shall wilfully collect a premium for insurance against nonexistent hazards or risks in Puerto Rico. No person may require insurance coverage on a property against hazards or risks nonexistent in Puerto Rico.
(6) No person shall willfully or knowingly require as a condition for a loan or the purchase or depositing of property under a contract, or in regard thereto, that the insurance premium be paid by the assignee, depositary or borrower, excepting the collateral guaranty which covers against voluntary acts of the assignee, depositary or borrower or representatives thereof, and which is to be provided due to said loan, purchase or deposit on the property that secures said loan or is the subject of said contract.
(7) No person shall require as a condition for a loan or the purchase or deposit of property pursuant to a contract, or in connection therewith, that a property which is otherwise insured by property insurance up to the total value thereof, or said insurance is required for the total value thereof, has to be newly covered by other property insurance with the same risks, whether with the same insurer or not and whether for the same limits or not. This provision shall not bear the vendor, lender or depositor from reasonably exercising the right to require that the property be covered by the additional risks and limits which he understands are more adequate, nor to reasonably exercise the right to approve or disapprove the insurer selected to underwrite the insurance; nor shall it deprive the insured of requesting the cancellation of an already-existing insurance policy to acquire a new policy which is accepted by all the persons that hold a lien on the property.
History —Ins. Code § 27.160; May 11, 1967, No. 27, p. 211; July 23, 1974, No. 151, Part 1, p. 695, § 10; July 2, 1987, No. 78, p. 275, § 2; Aug. 9, 2008, No. 230, § 13, eff. 90 days after Aug. 9, 2008.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-27/2716a/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 27 - Unfair Practices and Frauds (§§ 2701 — 2740)›§ 2716a - Unfair claim adjustment practices or actions
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 27 - Unfair Practices and Frauds (§§ 2701 — 2740) › § 2716a - Unfair claim adjustment practices or actions
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In the adjustment of claims no person shall incur or carry out any of the following unfair actions or practices:
(1) Misrepresent the facts or the terms of a policy relative to a coverage in dispute.
(2) Fail to acknowledge receipt and act reasonably prompt within ninety (90) days after a claim has been filed and notified under the terms of a policy.
(3) Fail to adopt and implement reasonable methods for the expeditious investigation of claims which may arise from the terms of a policy.
(4) Refuse to pay a claim without carrying out a reasonable investigation based on the information available.
(5) Refuse to confirm or deny coverage of a claim within a reasonable term after the loss statement is completed.
(6) Not to attempt in good faith to make a rapid, fair and equitable adjustment of a claim when responsibility is clearly present.
(7) Compel insureds or claimants to institute litigation to recover amounts due under the terms of a policy, by offering the insured claimant substantially less than the amount ultimately recovered in actions brought or by wrongfully denying coverage under the terms of the policy.
(8) Attempt to settle a claim for less than the amount to which the claimant or insured is reasonably entitled to by reference to the written or printed material sent to him/her or that was made part of the application.
(9) Attempt to settle a claim based on an altered application without the consent or knowledge of the insured.
(10) Make payments of claim to the insured or beneficiaries which are not accompanied by a statement showing the coverage under which payment is made.
(11) Make the policyholder or claimants believe in the practice of appealing from an arbitration award in favor of the claimant or policyholder with the intention of forcing them to accept a transaction or adjustment for less than the amount awarded by the arbitrator.
(12) Refuse to settle rapidly a claim when the responsibility is clearly and reasonably established under a part of the coverage for the purpose of inducing him to a transaction under another part of the coverage of the policy.
(13) Refuse to offer a reasonable explanation of the terms of a policy with regard to the facts and the law applicable so as to refuse a claim or an offer of transaction.
(14) Delay an investigation or the payment of a claim by requiring from the insured, claimant or his physician to submit a preliminary report of the claim and then require a formal statement of loss which substantially contains the same information of the preliminary report.
(15) Deny the existence of the policy coverage when the insured turned down the payment offer of a claim for such coverage.
(16) Deny the payment for a valid claim solely due to a mere suspicion of fraud or misrepresentation of the facts.
(17) Deny the payment for a claim on the pretext of insufficient information when the same could have been acquired through regular investigation methods.
(18) [Reserved.]
(19) Compel the insured or claimant to sign a waiver which may be construed as releasing the insurer of such contractual obligations that were not the object of the transaction.
(20) Require unreasonable conditions to the insured or claimant in order to conduct or delay the claim adjustment.
The Commissioner shall adopt the necessary regulations to make effective the provisions of this section.
—Ins. Code, added as § 27.161 on July 23, 1974, No. 150, Part 1, p. 685, § 10; Aug. 9, 2008, No. 230, § 14, eff. 90 days after Aug. 9, 2008.
History
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-27/2716b/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 27 - Unfair Practices and Frauds (§§ 2701 — 2740)›§ 2716b - Term for resolution of claims
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 27 - Unfair Practices and Frauds (§§ 2701 — 2740) › § 2716b - Term for resolution of claims
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(1) The investigation, adjustment, and resolution of any claim shall be made in the shortest reasonable period of time within the first ninety (90) days after said claim have been submitted to the insurer.
(2) In the event that an insurer is unable to resolve a claim within the term established in subsection (1) of this section, he/she shall maintain in its records any documents attesting to the existence of a just cause to exceed the term previously provided.
(3) The Commissioner may require the immediate resolution of any claim at any time if he deems that the same has been unduly and unfairly delayed or deferred.
History —Ins. Code, added as § 27.162 on July 20, 1979, No. 165, p. 420, § 7; Aug. 9, 2008, No. 230, § 15, eff. 90 days after Aug. 9, 2008.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-27/2716c/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 27 - Unfair Practices and Frauds (§§ 2701 — 2740)›§ 2716c - Methods to settle a claim
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 27 - Unfair Practices and Frauds (§§ 2701 — 2740) › § 2716c - Methods to settle a claim
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The following actions constitute the resolution of a claim:
(1) The full payment of the claim.
(2) The written and duly justified denial of the claim.
(3) The closing of the claim due to inactivity of the claimant when the latter does not cooperate nor furnishes the information necessary for the insurer to adjust the claim. Provided, That the insurer shall notify immediately the claimant on the closing thereof, except that under such circumstances such closing shall be without prejudice to allow for the filing of such claim anew.
History —Ins. Code, added as § 27.163 on Aug. 9, 2008, No. 230, § 16, eff. 90 days after Aug. 9, 2008.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-27/2719/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 27 - Unfair Practices and Frauds (§§ 2701 — 2740)›§ 2719 - Reports and statements to obtain insurance
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 27 - Unfair Practices and Frauds (§§ 2701 — 2740) › § 2719 - Reports and statements to obtain insurance
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(1) No person may file, present, offer, participate in or help to file, present or offer any false document, information, statement or report in order to obtain an insurance policy.
(2) Any person who knowingly incurs in the acts described above shall be deemed to have committed fraud for the purpose of this chapter.
History —Ins. Code § 27.190; May 24, 1974, No. 46, Part 1, p. 200, § 7; Jan. 8, 2004, No. 18, § 2; Jan. 19, 2006, No. 10, § 9; renumbered as § 27.170 and amended on Aug. 9, 2008, No. 230, § 17, eff. 90 days after Aug. 9, 2008.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-27/2720/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 27 - Unfair Practices and Frauds (§§ 2701 — 2740)›§ 2720 - False claims or evidence
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 27 - Unfair Practices and Frauds (§§ 2701 — 2740) › § 2720 - False claims or evidence
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(1) Present a false or fraudulent claim, or alter or omit information or any evidence in support thereof, for the payment of a loss, in reference to an insurance policy; or
(2) help or participate in the filing of a fraudulent claim, or alter or omit information or any evidence in support thereof, for the payment of a loss, pursuant to an insurance contract; or
(3) prepare, make, or sign or alter or omit, or help or participate in preparing, making or signing, or altering or omitting any account, certificate, sworn statement, proof of loss or any other false document or writ, with the intention that the same be presented or used in support of said claim; or
(4) file a claim that affects the subrogation right held by an insurer to recover amounts paid under an insurance contract. A subrogation right shall be deemed to be the right that the insurer has to recover the damages that it has had to pay to an insured person under his/her policy. Said right arises by function of law when the insurer makes a payment to the insured, or
(5) file more than one claim for the same damage, loss or service on the same insured property, except in the case of life insurance.
Any person that intentionally and knowingly incurs in any of the above described practices shall be deemed to have committed fraud for the purposes of this chapter.
History —Ins. Code § 27.200; May 24, 1974, No. 46, Part 1, p. 200, § 8; Jan. 8, 2004, No. 18, § 3; renumbered as § 27.180 and amended on Aug. 9, 2008, No. 230, § 18, eff. 90 days after Aug. 9, 2008.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-27/2720a/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 27 - Unfair Practices and Frauds (§§ 2701 — 2740)›§ 2720a - Misappropriation
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 27 - Unfair Practices and Frauds (§§ 2701 — 2740) › § 2720a - Misappropriation
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Any person who takes money corresponding to received or returned premiums in the course of the insurance business, as well as any sum of money from the payment of claims or benefits without being duly authorized therefor may be punished by an administrative fine pursuant to the provisions of § 2735 of this title.
Any person who violates this provision shall incur a felony as provided under the Penal Code of Puerto Rico.
History —Ins. Code, added as § 27.190 on Aug. 9, 2008, No. 230, § 19, eff. 90 days after Aug. 9, 2008.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-27/2726/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 27 - Unfair Practices and Frauds (§§ 2701 — 2740)›§ 2726 - Requirement to report fraudulent acts in the insurance business
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 27 - Unfair Practices and Frauds (§§ 2701 — 2740) › § 2726 - Requirement to report fraudulent acts in the insurance business
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Any insurer, health services organization, general agent, producer, authorized representative, solicitor or adjuster who has a well grounded knowledge that an act described in §§ 2706, 2719, 2720 and 2720a of this title has been committed, is being committed or shall be committed, will be bound to submit to the Commissioner the information he has available on such act, to conduct an investigation, and otherwise facilitate it. Any insurer, health service organization, general agent, producer, authorized representative, solicitor or adjuster who fails to comply with this provision shall be punished by an administrative fine pursuant to the provisions of § 2735 of this title.
History —Ins. Code, added as § 27.260 on Jan. 8, 2004, No. 18, § 4; Jan. 19, 2006, No. 10, § 9; renumbered as § 27.200 and amended on Aug. 9, 2008, No. 230, § 20, eff. 90 days after Aug. 9, 2008.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-27/2727/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 27 - Unfair Practices and Frauds (§§ 2701 — 2740)›§ 2727 - Requirement to provide information on claims to a central data bank
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 27 - Unfair Practices and Frauds (§§ 2701 — 2740) › § 2727 - Requirement to provide information on claims to a central data bank
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Every authorized insurer shall provide information related to the claims that it receives to a central data bank recognized by the Commissioner. This requirement shall not apply to life and disability insurers.
History —Ins. Code, added as § 27.270 on Jan. 8, 2004, No. 18, § 4; renumbered as § 27.240 and amended on Aug. 9, 2008, No. 230, § 24, eff. 90 days after Aug. 9, 2008.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-27/2727a/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 27 - Unfair Practices and Frauds (§§ 2701 — 2740)›§ 2727a - Civil immunity
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 27 - Unfair Practices and Frauds (§§ 2701 — 2740) › § 2727a - Civil immunity
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Except when it has been demonstrated that gross negligence has been incurred no extra-contractual civil liability may be imposed to any person who in good faith and under the provisions of this Code provides information to the Commissioner or to any law enforcement agency about fraudulent acts related to the insurance business that have been committed, are being committed or are going to be committed.
History —Ins. Code, added as § 27.280 on Jan. 19, 2006, No. 10, § 1; renumbered as § 27.210 and amended on Aug. 9, 2008, No. 230, § 21, eff. 90 days after Aug. 9, 2008.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-27/2730/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 27 - Unfair Practices and Frauds (§§ 2701 — 2740)›§ 2730 - False information of fraudulent acts
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 27 - Unfair Practices and Frauds (§§ 2701 — 2740) › § 2730 - False information of fraudulent acts
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Any person who furnishes information verbally or in writing, or offers any testimony on improper or illegal actions which, due to their nature constitute fraudulent acts in the insurance business, knowing that the facts are false shall incur a felony and, upon conviction, shall be punished by a fine of not less than five thousand dollars ($5,000), nor more than ten thousand dollars ($10,000) for each violation or by imprisonment for a fixed term of three (3) years, or both penalties. Should aggravating circumstances be present, the fixed penalty thus established may be increased to maximum of five (5) years; if extenuating circumstances are present, it may be reduced to a minimum of two (2) years.
History —Ins. Code, added as § 27.300 on Jan. 8, 2004, No. 18, § 5; renumbered as § 27.310 on Jan. 19, 2006, No. 10, § 4; renumbered as § 27.220 and amended on Aug. 9, 2008, No. 230, § 22, eff. 90 days after Aug. 9, 2008.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-27/2731/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 27 - Unfair Practices and Frauds (§§ 2701 — 2740)›§ 2731 - Action plan
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 27 - Unfair Practices and Frauds (§§ 2701 — 2740) › § 2731 - Action plan
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The Board of Directors of every insurer of the country and every health services organization shall adopt a written action plan to detect, prevent and fight fraudulent acts in the insurance business.
Such action plan shall contain at least the following:
(1) A description of the procedures established to fulfill the obligation of detecting and investigating possible acts of fraud in the insurance business and to report said acts to the Antifraud Special Investigations Unit of the Office of the Insurance Commissioner. The procedure must include the establishment of an Antifraud Investigations Unit.
(2) A description of the plan for the education and training of its employees, particularly the one designed for the Antifraud Investigations Unit personnel.
(3) A description of the personnel hired or employed by the Antifraud Investigations Unit to execute the procedures established to detect and investigate acts of fraud and the functions assigned to each.
History —Ins. Code, added as § 27.310 on Jan. 8, 2004, No. 18, § 5; renumbered as § 27.320 and amended on Jan. 19, 2006, No. 10, §§ 3, 4; renumbered as § 27.230 and amended on Aug. 9, 2008, No. 230, § 23, eff. 90 days after Aug. 9, 2008.
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https://law.justia.com/codes/puerto-rico/title-twenty-six/subtitle-1/chapter-27/2732/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SIX - Insurance (§§ 101 — 10377)›Subtitle 1 - Insurance Generally (§§ 101 — 4513)›Chapter 27 - Unfair Practices and Frauds (§§ 2701 — 2740)›§ 2732 - Notice
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2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 27 - Unfair Practices and Frauds (§§ 2701 — 2740) › § 2732 - Notice
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Insurers and health service organizations are bound to include in every insurance application form and in every insurance claim form, a conspicuous and legible notice with the following information:
“Any person who knowingly and with the intention of defrauding presents false information in an insurance application, or presents, helps, or causes the presentation of a fraudulent claim for the payment of a loss or any other benefit, or presents more than one claim for the same damage or loss, shall incur a felony and, upon conviction, shall be sanctioned for each violation by a fine of not less than five thousand dollars ($5,000) and not more than ten thousand dollars ($10,000), or a fixed term of imprisonment for three (3) years, or both penalties. Should aggravating circumstances [be] present, the penalty thus established may be increased to a maximum of five (5) years, if extenuating circumstances are present, it may be reduced to a minimum of two (2) years.”
Noncompliance with the provisions of this section shall entail an administrative fine pursuant to the provisions of § 2735 of this title. Failure to include this notice on the indicated forms shall not constitute a defense for the insured or the third party claimant to fail to comply with the provisions of this chapter.
History —Ins. Code, added as § 27.320 on Jan. 8, 2004, No. 18, § 5; renumbered as § 27.330 on Jan. 19, 2006, No. 10, § 4; renumbered as § 27.250 and amended on Aug. 9, 2008, No. 230, § 25, eff. 90 days after Aug. 9, 2008.
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