P.R. Laws tit. 26, § 3811
(1) Any person who recovers under the terms of this chapter is deemed to have ceded to the Association his/her rights under his/her policy to the extent of his recovery from the Association. Every insured or claimant who seeks the protection of this chapter shall cooperate with the Association to the extent to which such person would have been required to cooperate with the insolvent insurer. The Association shall have no cause of action against the insured of the insolvent insurer for any amount he/she might have paid, except for those causes of action as the insolvent insurer might have had if said amounts had been paid by the insolvent insurer and except as provided in subsection (2) of this section. In the case of an insolvent insurer operating under an assessment liability plan, the payments of the claims made by the Association shall not have the effect of reducing the liability of the insured with the receiver, liquidator or statutory successor for the unpaid assessments.
(2) The Association shall be entitled to recover the amount of any covered claim it would have paid on behalf of any person who is an affiliate of the insolvent insurer and whose liability obligations to other persons are totally or partially liquidated by payments made pursuant to this chapter.
(3) The receiver, liquidator or statutory successor of the insolvent insurer shall be bound by the covered claims transactions made by the Association or similar organization in another state. The court with competent jurisdiction shall give the same priority to said claims to which the claimants might have been entitled, in the absence of this chapter, against the assets of the insolvent insurer. The expenses of the Association or similar organization incurred in dealing with the claims shall have the same priority as the expenses of the liquidator.
(4) The Association shall periodically submit to the liquidator or receiver of the insolvent insurer reports of the covered claims paid by the Association and estimates of the anticipated claims before the Association in order to preserve the rights of the Association against the assets of the insolvent insurer.
History —Ins. Code, added as § 38.110 on Aug. 17, 1991, No. 72, § 1.