Garcia-Rubiera v. Fortuno, No. 10-2507 (1st Cir. 2011)
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Puerto Rico requires all motor vehicle owners to pay for compulsory, state-issued auto insurance when they purchase or renew their vehicle registrations, even if they have obtained equivalent private insurance, with limited exceptions P.R. Laws tit. 26, 8051. Privately-insured vehicle owners who pay twice for coverage are entitled to reimbursements of state payments. A lot of the money is not returned during the two-year period for refunds; no statute or regulation provides notice of how to obtain reimbursement and only some insurers provide their insureds with notice of how to obtain reimbursements. After the two-year period, the money is transferred into trust for five years before being transferred to the commonwealth treasury. Individuals entitled to reimbursement receive no notice. The district court entered summary judgment, rejecting challenges to the law. The First Circuit reversed in part, holding that the law violates the notice requirements of the Due Process Clause and directing entry of a declaratory judgment and injunctive relief to that effect. The court rejected substantive due process and takings claims and left claims under Puerto Rico trust law to the Puerto Rico courts.
The court issued a subsequent related opinion or order on December 5, 2011.
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