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Gladys Garcia-Rubiera; Domingo A. Corporan-Suarez; Adalberto v. Luis G. Fortuno, Governor; Juan Carlos Puig-Morales

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Before Lynch, Chief Judge, Torruella and Thompson, Circuit Judges.

At stake in this case are the due process rights of privately-insured motor vehicle owners in Puerto Rico to over $100 million in insurance payments, which have been collected by the Commonwealth, and are owed back as reimbursement to these vehicle owners, but which have not been repaid and have been used instead for the Commonwealth’s general budget.

Puerto Rico law requires all motor vehicle owners to pay for compulsory, state-issued automobile insurance when they purchase or renew their vehicle registrations, even if they have obtained equivalent private insurance, with limited exceptions. P.R. Laws Ann. tit. 26, § 8051 et seq. As a result, many vehicle owners who have already paid for private insurance must pay again for the same coverage through the Commonwealth. By law, these privately-insured vehicle owners (“insureds”) who pay twice for insurance coverage are entitled to reimbursements of the duplicate, state payments. Id. § 8055(n). For two years after the date of payment, insureds may seek reimbursement from their private insurers. However, a great deal of the money owed to insureds is not returned during this two-year period. Although there is no doubt that insureds have a property interest in the duplicate payments, no statute or regulation provides notice to insureds of how to obtain reimbursement during this two-year period from their respective insurers, and apparently only some insurers provide their insureds with notice of how to obtain reimbursements.

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