Superior Court Rules that Insurance Company Must Justify Legality of Depreciation Discount
May 16, 2024 - Blog by 1-800-LAW-FIRM
In a recent decision, San Juan Superior Court Judge, Iris L. Cancio Gonzalez, of the Puerto Rico Superior Court, ruled that the insurance provider Cooperativa de Seguros Múltiples (CSM) has the burden of establishing the legality of any depreciation discount that it applies to claims for partial loss, the reasonableness of the method it used to calculate the depreciation, and the factual basis for applying the discount. This is a very significant ruling, because it enables the lawsuit to proceed to the question of whether it can be expanded into a class action lawsuit, under Rule of Civil Procedure 20.1. Judge Cancio Gonzalez issued her ruling following plaintiff’s filing of a lawsuit against CSM, Lynette Rodríguez Flores v. Cooperativa de Seguros Múltiples. The plaintiff’s vehicle […]