P.R. Laws tit. 26, § 4232

2019-02-20 00:00:00+00
§ 4232. Injunctions; cease and desist; other civil remedies

(a) In addition to the penalties and other enforcement provisions of this chapter, if any person violates this chapter or any regulation pursuant to this chapter, the Commissioner may seek an injunction in a Court of First Instance and may apply for temporary and permanent orders that the Commissioner determines are necessary to restrain the person from committing the violation to this chapter.

(b) Any person damaged by the acts of a person in violation of this chapter may bring a civil action against the person committing the violation in a court of competent jurisdiction.

(c) The Commissioner may issue, in accordance with the Insurance Code of Puerto Rico and the Uniform Administrative Procedures Act of Puerto Rico, a cease and desist order upon a person that violates any provision of this chapter or its regulations, or of any order adopted by the Commissioner, or any written agreement entered into with the Commissioner.

(d) When the Commissioner finds that an activity in violation of this chapter presents an immediate danger to the public that requires an immediate final order, the Commissioner may issue an emergency cease and desist order itemizing in particular the facts underlying the same. The emergency cease and desist order is effective immediately upon service of a copy of the order on the respondent and remains effective for ninety (90) days. If the Commissioner initiates a permanent cease and desist proceedings, the emergency cease and desist order shall remain effect, in the absence of an order to the contrary by a court of competent jurisdiction pursuant to the Uniform Administrative Procedures Act of Puerto Rico.

(e) Any person who violates any provision of this chapter is subject to civil penalties provided in §§ 2701–2740 of this title. In addition, any person who violates any provision of this chapter shall be ordered to pay restitution to the persons aggrieved by the violation of this chapter.

(f) In addition to the penalties provided in this chapter, any person who violates any provision of this chapter may be convicted of misappropriation, fraud or any other applicable crime, pursuant to the Criminal Code of Puerto Rico. The conviction does not mean that restitution shall not be paid to the aggrieved persons.

History —Ins. Code, added as § 43.120 on Dec. 28, 2005, No. 164, § 2, eff. 90 days after Dec. 28, 2005.