United States First Circuit

In an action invoking the application of Article 40.210 of Puerto Rico Insurance Code, denial and dismissal of entire case on grounds that plaintiff's claims are barred by Article 40.210 is affirmed over plaintiff's contention that: 1) its claims, being equitable in nature, are not barred by Article 40.210's proscription against "action[s] at law"; 2) Article 40.210's apparent prohibition of actions against liquidators and insolvent insurers applies only to actions germane to the liquidation proceeding itself; and 3) Puerto Rico cannot, either by statute or judicial fiat, divest federal court of its jurisdiction.

Appellate Information

• Decided 03/27/2008
• Published 03/27/2008

Judges

• SMITH, District Judge., Before HOWARD and LIPEZ, Circuit Judges, and SMITH, District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Nicholas T. Christakos, Juan H. Saavedra Castro, and Luis M. Correa Marquez, for appellant.


• For Appellees:
  
• Iván Díaz de Aldrey and Iván Díaz López, for appellee.