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action or later. Please see Debugging in WordPress for more information. (This message was added in version 6.7.0.) in /home/propertyinsuranc/public_html/wp-includes/functions.php on line 6114As discussed in my previous blog post, Should an Insurance Company Pay Adjustable Claim Amounts Not in Controversy While Another Amount Is Still In Dispute?<\/em><\/a>, the payment of undisputed amounts is an issue that is frequently being argued in Puerto Rico courts for Hurricane Maria claims. As recent as this week (May 12, 2021) the First Instance Court of Carolina, Puerto Rico, granted a Partial Summary Judgement and ordered the carrier to pay the adjustable amounts not in controversy.<\/p>\n The Plaintiff in Consejo de Titulares Del Conominio Montecillo Court vs. Chubb Insurance Company of Puerto Rico<\/em><\/a>,1<\/sup> filed a Motion for Partial Summary Judgment on April 19, 2021, based on the following facts:<\/p>\n The court held that the Puerto Rico Insurance Code regulates unfair practices and fraud actions related to claims adjustments made by insurance companies, and when an insurer chooses to comply with its obligation through a reasonable offer to the insured, that offer becomes the estimate for the property damages suffered.2<\/sup> Since an offer should be the product of an adequate investigation and analysis, an insurance company is not permitted to rescind the offer from that adjustment unless fraud or any other extraordinary circumstances occurred that were not possible to discover during the insurer\u2019s investigation. Therefore, a final offer is not the same as a transaction offer or negotiation, which are not subject to the same intense and specific regulations of the Insurance Code.3<\/sup> When a debt has a settled and unsettled amount, the insured can request the debtor the payment from the insurer of the settled amount without having to wait for the unsettled amount to be determined.4<\/sup><\/p>\n In this case, the court granted the Partial Summary Judgment and ordered Chubb to immediately pay Plaintiff the amount owed of $143,729.00, plus the total of $643,482.53, that was also already recognized as owed to the Plaintiff. As discussed in my previous blog post, Should an Insurance Company Pay Adjustable Claim Amounts Not in Controversy While Another Amount Is Still In Dispute?, the payment of undisputed amounts is an issue that is frequently being argued in Puerto Rico courts for Hurricane Maria claims. As recent as this week (May 12, 2021) the …<\/span><\/p>\n","protected":false},"author":36,"featured_media":29364,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"content-type":"","footnotes":""},"categories":[285],"tags":[284,10],"class_list":["post-29363","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-puerto-rico","tag-hurricane-maria","tag-insurance-claim"],"acf":[],"yoast_head":"\n\n
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\n1<\/sup> Consejo de Titulares Del Condominio Montecillo Court vs. Chubb Ins. Co. of Puerto Rico<\/em>, Civil Case Number CA2020CV01829, Partial Summary Judgment granted May 12, 2021<\/a>.
\n2<\/sup> Article 27.161, Puerto Rico Insurance Code, 26 L.P.R.A. sec. 2716a.
\n3<\/sup> Carpets & Rugs v. Tropical Reps<\/em>, 175 D.P.R.614, 635 (2009).
\n4<\/sup> Art. 1123 Puerto Rico Civil Code, 31 L.P.R.A sec. 3173.<\/p>\n","protected":false},"excerpt":{"rendered":"