2004

(1) The obtaining of liability insurance by the Commonwealth of Puerto Rico, its agencies or entities, and by municipalities and other political subdivisions, shall not constitute or be deemed to constitute a waiver of governmental immunity, if any, from liability for actions or omissions in which there were torts committed by government agents and employees, except to the extent of the collectible indemnity actually provided by such insurance as to a particular occurrence. However, such waiver of immunity shall not be deemed to exist as to any claim or suit against such governmental entity, unless said entity expressly waives said immunity.\n(2) All such insurance policies shall provide that the insurer shall not assert the defense of governmental immunity in any action brought against the insurer under or by virtue of such policy.\n(3) The insurer shall have no right of subrogation against any governmental entity, its agents or employees, insured under such a policy by virtue of any loss paid by the insurer under the policy. However, it is provided that if another collectible liability insurance exists provided by another insurer, the insurer may subrogate himself/herself

of any loss paid by the insurer under the policy. However, it is provided that if another collectible liability insurance exists provided by another insurer, the insurer may subrogate himself/herself against this other insurer.\nHistory —Ins. Code § 20.040, renumbered as § 20.050 and amended on Dec. 12, 2007, No. 186, § 4.