Consejo De Titulares Del Condominio Playa Azul Ii v. Mapfre Praico Insurance Company

Summary

The court held that the trial court could not award moratory interest on an amount that had been determined liquid and enforceable in a final and unappealed intermediate appellate judgment because the omission had to be challenged before that judgment became final. It also held that statutory attorney fees were unavailable because the insured filed its civil action on the same day it gave the required pre-suit notice, depriving the insurer of the statutory sixty-day cure period. The court affirmed the denial of sanctions for temerity because the insurer had pursued a legally supported position that initially prevailed in the trial court. No separate opinions were filed.