Ivision International of Puerto Rico, Inc. v. Triple-S Advantage, Inc

On August 30, 2021, Ivision International of Puerto Rico, Inc. (“Ivision” or “Plaintiff”), represented by Jesus E. Cuza-Abdala of Holland & Knight LLP, filed a contract lawsuit against Triple-S Advantage, Inc. (“Triple-S” or “Defendant”), seeking damages with interest, along with legal fees and expenses for the alleged breach of Agreement by, among other things, failing to pay Ivision over $600,000.00 due to Ivision under the Agreement. This case was filed in U.S. District Court in the District of Puerto Rico. 

In the complaint, the plaintiff alleged that, “Ivision and Triple-S entered into a contract effective January 1, 2017 (the “Agreement”). The Agreement (without attachments and addendums) is attached hereto as Exhibit A.” “In the Agreement, Ivision agreed to sell and/or provide Triple-S certain vision care products and services for Triple-S’ members. The benefits covered under the Agreement are described in Addendum A thereto, as amended.”

The plaintiff further alleged that, “In section 3.00 of the Agreement, titled “Rates and Payment,” Ivision and Triple-S agreed that Triple-S “shall pay IVISION the amounts stated in Addendum B, titled Annual Rates.” “In section 3.02 of the Agreement, Triple-S agreed that it would pay Ivision each capitation premium payment due under the Agreement “by the tenth (10th) day of each month for that month’s premium.” “In Section 3.02, Triple-S also agreed that “[f]ee for service payments …are due by [Triple-S] within fifteen (15) days of the date of the weekly issued invoice.”

The plaintiff further alleged that, “Section 3.02 affords Triple-S a grace period of fifteen (15) days for late payments (both capitation premium and fee for service payments). However, if the payments due are not paid by the end of the grace period, Triple-S must pay Ivision an additional fee of three percent (3%) of the total outstanding amount on a monthly pro rata basis.” “Finally, the Agreement provides that “[i]n the event it becomes necessary [for] IVISION to engage counsel to address any issue relating to lack of payment by [Triple-S] after the expiration of any grace period, IVISION shall be entitled to collect from [Triple-S] all legal fees and expenses incurred by IVISION as a result of [Triple-S’] failure to timely pay IVISION any amounts due to IVISION.”

The only claim for relief laid down by the plaintiff is for the alleged breach of contract, wherein the plaintiff claimed that, in the last few years, Triple-S has repeatedly failed to make timely payments to Ivision as required by section 3.00 of the Agreement. Because Triple-S has allegedly not made most of the past due payments to Ivision within the applicable grace period, Triple-S began incurring additional fees of 3% on the outstanding amounts pursuant to section 3.02 of the Agreement.

In its prayer for relief, the plaintiff requested the court enter judgment against Triple-S awarding Ivision the recovery of the all damages suffered by Ivision as a result of Triple-S breach of the Agreement, all legal fees and expenses incurred (and to be incurred) by Ivision as a result of Triple-S failure to timely pay Ivision amounts due to Ivision, interest, and every other remedy the Court deems just and proper.

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