Certified Translation

Page 1 of 7

CERTIFICATION OF TRANSLATION

I, Gladys Rodríguez Fornaris, MA in Translation from the University of Puerto Rico (1995), 

DO CERTIFY that I have translated into English the foregoing Partial Judgment and 

Joint Motion on Partial Agreement and Stipulation, as submitted in Spanish by the interested 

party; and that said translation is true and correct to the best of my knowledge and abilities.

________________________________

GLADYS RODRÍGUEZ FORNARIS, Paralegal, MA - Translation

February 15, 2018.

GENERAL COURT OF JUSTICE

COURT OF FIRST INSTANCE

SAN JUAN SUPERIOR PART

GLADYS GARCÍA RUBIERA, ET AL 

CIVIL NO. KDP01-1441

ROOM: 801

Plaintiffs

RE: DAMAGES 

V.

JOINT UNDERWRITING ASSOCIATION

FOR THE COMPULSORY MOTOR VEHICLE

LIABILITY INSURANCE, ET AL.

Defendants 

PARTIAL JUDGMENT 

Having considered the Joint Motion Requesting Partial Judgment filed by plaintiffs and codefendant the Commonwealth of Puerto Rico (Commonwealth), it is hereby GRANTED and Partial 

Judgment of voluntary dismissal with prejudice is rendered as for said co-defendant. All agreements 

asserted by these parties in the Joint Motion on Partial Agreement and Stipulation filed on March 30, 

2016 are hereby adopted by reference. 

Since there is no reason for which this Court may not render judgment as for said party until final 

resolution of the litigation, the Court hereby renders PARTIAL JUDGMENT. 

TO BE REGISTERED AND NOTIFIED.

In San Juan, Puerto Rico, on this 8

th day of July, 2016. 

[Signed]

OLGA GARCIA VINCENTY

SUPERIOR COURT JUDGE

[handwritten]

CERTIFIED: GRISELDA RODRIGUEZ COLLADO

Regional Clerk

[wet stamp] EDMY V. NIEVES FIGUEROA [handwritten initials] E.V.N.F.

[handwritten] Assistant Clerk

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Certified Translation

Page 2 of 7

CERTIFICATION OF TRANSLATION

I, Gladys Rodríguez Fornaris, MA in Translation from the University of Puerto Rico (1995), 

DO CERTIFY that I have translated into English the foregoing Partial Judgment and 

Joint Motion on Partial Agreement and Stipulation, as submitted in Spanish by the interested 

party; and that said translation is true and correct to the best of my knowledge and abilities.

________________________________

GLADYS RODRÍGUEZ FORNARIS, Paralegal, MA - Translation

February 15, 2018.

COMMONWEALTH OF PUERTO RICO 

COURT OF FIRST INSTANCE

SAN JUAN PART

GLADYS GARCÍA RUBIERA, ET AL 

CIVIL NO. KDP01-1441

ROOM: 801

Plaintiffs

RE: 

V. CLASS ACTION SUIT ACT NO 118

OF JUNE 25, 1971; DAMAGES;

JOINT UNDERWRITING ASSOCIATION RECOVERY OF INTERESTS; 

FOR THE COMPULSORY MOTOR VEHICLE REFUND OF PREMIUMS

LIABILITY INSURANCE, ET AL.

Defendants 

JOINT MOTION ON PARTIAL AGREEMENT AND STIPULATION

TO THE HONORABLE COURT:

COME NOW plaintiffs and co-defendant the Commonwealth of Puerto Rico (Commonwealth), 

through the undersigned counsel and respectfully state and request: 

1. This case was filed on July 31, 2001, where the Joint Underwriting Association for the 

Compulsory Motor Vehicle Liability Insurance (JUA) and several other insurance companies appeared 

as defendants.

2. The Commonwealth of Puerto Rico (Commonwealth) was joined by means of Amended ThirdParty Complaint filed in September 2005. As alleged by the plaintiffs, the Commonwealth was brought 

as a result of the enactment of Act No. 230 of 2002 and Act No. 414 of 2004, which provide that all 

unclaimed funds in possession of the JUA shall be transferred to the Department of the Treasury, 

subject to be claimed. The unclaimed funds in possession of the Commonwealth, shall pass to the 

General Fund after the elapse of five years. 

3. In February 2002, plaintiffs filed an injunction before the United States District Court for the 

District of Puerto Rico (Federal Court) claiming that the transfer of funds belonging to plaintiffs to the 

custody of the Commonwealth, with no due notice thereto, divested them of their assets without due 

process of law. The certified class in this case comprised vehicle owners who between 1998 and 2010 

paid the compulsory motor vehicle liability insurance and the conventional public liability insurance but

had not been reimbursed for the premium paid for the compulsory insurance, even though they made a 

duplicate payment. 

4. As a result of the proceeding before the Federal Court, it was provided that since August 

2013, the Commonwealth was precluded from transferring to the General Fund the unclaimed funds 

received from JUA, in accordance with Act 230 of 2002, without having first notified class members 

pursuant to the due process of law. It was also provided that the funds already transferred would be 

subject to being claimed. A Settlement Stipulation filed before the Federal Court in said case, attached 

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Certified Translation

Page 3 of 7

CERTIFICATION OF TRANSLATION

I, Gladys Rodríguez Fornaris, MA in Translation from the University of Puerto Rico (1995), 

DO CERTIFY that I have translated into English the foregoing Partial Judgment and 

Joint Motion on Partial Agreement and Stipulation, as submitted in Spanish by the interested 

party; and that said translation is true and correct to the best of my knowledge and abilities.

________________________________

GLADYS RODRÍGUEZ FORNARIS, Paralegal, MA - Translation

February 15, 2018.

and made part of this document (Attachment A), provided as to what would constitute an adequate 

notice.

5. In the instant case, on March 10, 2015 a Resolution was rendered certifying the class, equal 

to the one certified in the Federal Court, which is currently under review by the Supreme Court of Puerto 

Rico upon petition filed by movant JUA.

6. Pursuant to conversations undertaken towards settling this case, in the instant case as well 

as in the case filed before the Federal Court, the stipulations included the manner of the notices and 

the claim procedure for unclaimed funds retained by the Commonwealth, which belong to persons who

made a duplicate payment by purchasing a private insurance policy and also paying the compulsory 

insurance. In line with the foregoing, the appearing parties agree and stipulate the following: 

A. Class Definition

Plaintiff class is defined as all vehicle owners in the Commonwealth of Puerto 

Rico who, between the years 1998 and 2010, paid compulsory insurance 

premiums while having a valid private insurance, and have neither been 

reimbursed nor granted a credit for the duplicate payment of compulsory 

insurance. 

B. Individual Notice and its Contents

i. Thirty days after the approval of the proposed notice in this agreement, the 

Department of the Treasury shall send, by first class mail, a notice to vehicle 

owners who between 1998 and 2010 paid the compulsory liability insurance while

having a valid private insurance policy, and who appear in the lists received by 

JUA. This notice shall be sent to those owners whose addresses include the 

information required by the United States Postal Service for proper delivery. The 

addresses shall be supplemented or verified by the Department of the Treasury 

with information received by the Department of Transportation and Public Works, 

or any other information or verification method available. The notice shall advise 

the owner that he/she may be entitled to receive a reimbursement for the payment 

of the compulsory insurance policies during the years mentioned above 

(Attachment B).

ii. The notice shall include the information forwarded by JUA to the Department 

of the Treasury of the potential claimants as to the following: name, address, the 

last four digits of the Social Security number, the vehicle’s license plate and VIN, 

the name of the private insurer and policy number, the year pertinent to the claim

as well as his/her right to be excluded from the class, if so desired. The notice 

shall also include the proper form so that the notified individual may file the claim. 

The notice shall advise potential claimants the manner in which the 

reimbursement shall be claimed, that the notice is sent as a result of a stipulation 

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Certified Translation

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CERTIFICATION OF TRANSLATION

I, Gladys Rodríguez Fornaris, MA in Translation from the University of Puerto Rico (1995), 

DO CERTIFY that I have translated into English the foregoing Partial Judgment and 

Joint Motion on Partial Agreement and Stipulation, as submitted in Spanish by the interested 

party; and that said translation is true and correct to the best of my knowledge and abilities.

________________________________

GLADYS RODRÍGUEZ FORNARIS, Paralegal, MA - Translation

February 15, 2018.

and judgment in the instant case and in the case filed before the United States 

District Court, which includes a provision for contingent attorney’s fees payable 

to counsel for the plaintiff class of 20%, the amount that class members may be 

entitled to be reimbursed or credited, with a minimum attorney’s fees of 

$1,375,000.00. In addition to the foregoing, the mailed notice shall advise 

[potential claimants] of their right to object the terms of the stipulation and the 

attorney’s fees. 

C. Public Notices

i. Pursuant to the provisions of the case before the Federal Court, 02-1179 (GAG), 

the Commonwealth shall publish, at its cost, in a website to which vehicle owners 

can have ready access, the lists for the years 1998 to 2010 that the Department 

of the Treasury received from JUA of the vehicle owners who paid the compulsory 

liability insurance while having a valid private insurance policy, so that the vehicle 

owners may access them and the years to which they are entitled to claim. The 

Commonwealth, with the assistance of its technical personnel, shall create said 

webpage so that all potential claimants may corroborate their status as such as 

well as their personal information (Attachment C). 

ii. Thirty days after the approval by the Court and notification of this stipulation is 

ordered, once a week during six consecutive weeks, a full-page notice shall be 

published in the newspapers El Nuevo Día and The San Juan Star. This notice 

shall contain the information herein agreed to. The notice is included as an 

attachment to this stipulation.

iii. The Commonwealth shall have available, in digital form, the lists of potential 

claimants at the Treasury Department collection offices (Colecturías) where class 

members may obtain and verify the information as to whether or not they are 

included in the lists. Personnel at the collection offices shall give to potential 

claimants copy of the lists in which they appear and copy of the reimbursement 

application form, as well as the term to claim. Likewise, during a four-week 

period, twice a day and ten times per week, a radio notice shall be broadcast on

WKAQ, Radio Isla and Radio Oro summarizing the terms of this stipulation and 

the manner in which potential claimants may apply for reimbursement. These 

notices shall last 30 seconds. 

iv. Publishing costs of all notices, including first class mailings, and notices in 

radio, internet and newspapers, shall be borne by the Commonwealth. 

D. Term and Procedure for Reimbursement 

i. Class members shall have two years from the date the last notice is published 

in a newspaper, to file a claim with the Department of the Treasury in accordance 

with the procedure established in this stipulation. 

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Certified Translation

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CERTIFICATION OF TRANSLATION

I, Gladys Rodríguez Fornaris, MA in Translation from the University of Puerto Rico (1995), 

DO CERTIFY that I have translated into English the foregoing Partial Judgment and 

Joint Motion on Partial Agreement and Stipulation, as submitted in Spanish by the interested 

party; and that said translation is true and correct to the best of my knowledge and abilities.

________________________________

GLADYS RODRÍGUEZ FORNARIS, Paralegal, MA - Translation

February 15, 2018.

ii. The parties agree that in order to claim the devolution of the payment made for 

compulsory insurance, class members shall file an application with the following 

information and requirements: name, address, Social Security number, the 

vehicle’s license plate and VIN, the name of the private insurer and policy 

number, and the year for which the claim is filed, as said information appears in 

the lists sent by JUA to the Secretary of the Treasury. In addition, the claimant 

shall certify under penalty of perjury that for the pertinent year and motor vehicle, 

he/she was the owner and paid the compulsory insurance and a private insurance 

policy; that he/she has never received any kind of reimbursement or credit for the 

duplicate payment of compulsory insurance; that he/she is the person who 

appears in the list sent by JUA to the Department of the Treasury of vehicle 

owners who paid the compulsory liability insurance while having a valid private 

insurance for the years 1999 and 2010, as such lists have been published or 

made accessible by the Department of the Treasury via internet or otherwise. The 

claim application form is attached to this agreement and shall be available at the 

Treasury Department collection offices (Attachment D). The application form may 

include a claim for reimbursement for one or more motor vehicles, or one or more 

years. 

iii. Claimant shall not be requested to provide any additional information to file the 

corresponding claim. 

iv. After the claim application form is filed, the Department of the Treasury shall 

have 120 days to verify whether the claimant made the duplicate payment and 

issue the corresponding refund to those entitled to receive it. Within the same 

term, if refund is not applicable, the Department shall notify the vehicle owner the 

reasons why such reimbursement does not apply and will not be made.

v. Payments to qualifying claimants shall not include calculation of any interests

as they are hereby waived by plaintiff class. 

F. Costs and Attorney’s Fees 

Pursuant to Act No. 118 of June 25, 1971, as amended (“Class Suit for 

Consumers of Good and Services”), appearing parties herein propose for Court 

approval of the following attorney’s fees:

i. Counsel for Plaintiff Class shall receive in attorney’s fees, 20% of all 

reimbursements and credits made by the Department of the Treasury to Class 

Members who applied thereto during the two-year period established 

hereinbefore. The 20% amount shall be withheld by the Department of the 

Treasury from every reimbursement or credit granted to individuals comprising 

the class, to pay counsel for the class the litigation costs and attorney’s fees. 

ii. The Department of the Treasury shall advance, from the funds received from 

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Certified Translation

Page 6 of 7

CERTIFICATION OF TRANSLATION

I, Gladys Rodríguez Fornaris, MA in Translation from the University of Puerto Rico (1995), 

DO CERTIFY that I have translated into English the foregoing Partial Judgment and 

Joint Motion on Partial Agreement and Stipulation, as submitted in Spanish by the interested 

party; and that said translation is true and correct to the best of my knowledge and abilities.

________________________________

GLADYS RODRÍGUEZ FORNARIS, Paralegal, MA - Translation

February 15, 2018.

JUA object of this litigation, attorney’s fees to counsel for Plaintiff Class, in a 

proportion of 75% to A. J. Amadeo Murga, Esq., and 25% to Mario M. Oronoz, 

Esq., in the amounts and on the dates detailed hereunder: 

1. $375,000.00 to pay expenses and attorney’s fees, which shall be 

deposited with the Court no later than 90 days from court approval of this 

stipulation as per Judgment rendered.

2. $250,000.00 one year after the first payment was made.

3. $250,000.00 two years after the first payment was made.

4. $250,000.00 three years after the first payment was made.

5. $250,000.00 four years after the first payment was made, plus any 

attorney’s fees owed based on the 20% of the amounts reimbursed or credited 

during the two years herein agreed, exceeding the advance amount of 

$1,375,000.00 not previously paid to counsel for plaintiff class. 

iii. Every six months, the Department of the Treasury shall forward to counsel for 

Plaintiff Class a report of the number of applications received, including those 

denied or rejected, and the amounts so disbursed or credited. 

iv. In the event any six-month report shows that 20% of the claims paid or credited 

to claimants by the Department of the Treasury exceed the advance amount paid 

to counsel, said surplus shall be paid to them within the following 30 days, and 

said amount paid shall be credited to the next installment to be paid by the 

Department of the Treasury. 

v. In consideration of the advance attorney’s fees so established in subparagraph 

F(ii) above, the Department of the Treasury shall withhold from the amounts to 

be reimbursed or credited to claimants, the amounts received in preceding 

paragraph F(i) above, up to $1,375,000.00. Once this amount is repaid, the 

additional amounts, if any, withheld from the payments or credits made to 

claimants, shall correspond to counsel for Plaintiff Class as attorney’s fees. These 

amounts shall be paid every 90 days. 

7. This Stipulation does not include Co-Defendant JUA. Plaintiff Class reserves its claim against 

JUA for the interests accrued, product or return on the funds from the premiums paid and retained by 

JUA before transferring them to the Secretary of the Treasury pursuant to Act No. 230 of 2002, and any 

premiums retained by JUA and not forwarded to the Secretary of the Treasury. This Stipulation is made 

pursuant to the holding in Szendrey v. Hospicare, Inc., 158 DPR 648 (2003), and only includes the 

liability of the Commonwealth of Puerto Rico towards the Plaintiff Class, and not the liability that JUA 

might have towards Plaintiffs for interests earned. 

8. On March 1st, 2016, the Federal Court in case 02-1179 (GAG), mentioned in paragraphs 3, 4, 

and 6 above, rendered judgment approving the stipulation for permanent injunction executed by the 

parties, copy of which is included herein as Attachment A. If there is any discrepancy between this 

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CERTIFICATION OF TRANSLATION

I, Gladys Rodríguez Fornaris, MA in Translation from the University of Puerto Rico (1995), 

DO CERTIFY that I have translated into English the foregoing Partial Judgment and 

Joint Motion on Partial Agreement and Stipulation, as submitted in Spanish by the interested 

party; and that said translation is true and correct to the best of my knowledge and abilities.

________________________________

GLADYS RODRÍGUEZ FORNARIS, Paralegal, MA - Translation

February 15, 2018.

stipulation and the one agreed by the Federal Court, the stipulation filed before the Federal Court shall 

prevail. 

9. With the exception of the express provisions in this Stipulation, this agreement does not 

provide for the payment of interests, penalties or attorney’s fees. 

10. The Court shall retain jurisdiction to enforce the terms of this stipulation as intended by the 

parties.

WHEREFORE, this Honorable Court is requested to provide the following: 

a) That the class be notified on the terms of this Stipulation by means of the notices proposed 

herein and grant the class a maximum term of 30 days to state any objection it may have to its terms.

b) That pursuant to Act No. 118 of June 25, 2971, as amended, the Secretary of the Department 

of Consumer Affairs be advised on the terms of this Stipulation and granted an equal term of 30 days 

to issue any statement. 

c) That once the term has elapsed without receiving any objection by neither any Class Member

nor the Secretary of the Department of Consumer Affairs, this Stipulation be approved, and Partial 

Judgment be rendered accordingly. 

d) It is further requested that, in view of the stipulation and with no reason to postpone the 

judgment regarding the appearing parties herein until final resolution of the litigation, it be ordered that 

the judgment rendered be notified and entered pursuant to Rule 42.3 of Civil Procedure. 

WE HEREBY CERTIFY that on this same date we have sent copy of this Motion to Moraima 

Ríos Robles, Esq., Mario Arroyo Law Offices, PSC., PMB 379 1353 Ave. Luis Vigoreaux, Guaynabo, 

PR 00966.

RESPECTFULLY SUBMITTED.

In San Juan, Puerto Rico on this 9

th [handwritten 29th] day of March, 2016.

[Signed] [Signed]

ANTONIO J. AMADEO MURGA ANGEL LÓPEZ HIDALGO

RUA NO. 1900 RUA NO. 6588

420 Ponce de León Ave. P. O. Box 1187

Midtown Bldg. Ste 910 Trujillo Alto, PR 00977-1187

San Juan, PR 00918 Tel: (787) 242-9154

Tel: (787) 765-2731 Email: alh1955@gmail.com

Email: ajamadeo@gmail.com

[Signed]

MARIO M. ORONOZ, ESQ.

RUA NO. 2720

Urb. Torrimar

K-4 Bambú St. 

Guaynabo, PR 00966

Tel: (787) 782-1173 / (787) 294-255

Email: mmo@oronozlaw.com

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