SUN LIFE ASSURANCE COMPANY OF CANADA, A CANADIAN CORPORATION, APPELLANT,
v.
WOLF EDWARD KLAWANS, APPELLEE
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This case involves an interlocutory appeal by an insurance company challenging an order that denied its motion to dismiss and granted a temporary injunction. The appellate court affirmed the lower court's decision, finding that the complaint stated a valid cause of action for declaratory relief and that the injunction was properly issued.
The trial court had jurisdiction, the complaint stated a cause of action for declaratory relief, and the temporary injunction was not erroneously issued without notice.
“As to the second, the plaintiff states a cause of action for declaratory determination of his rights under several insurance policies, alleging that the company had refused to pay in accordance with the terms of the policies because of some act of the Cuban Government subsequent to the issuance of the policies.”
This quote establishes the court's reasoning for finding that the complaint stated a valid cause of action for declaratory relief.
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Join FLexlaw to unlock all legal intelligenceSun Life Assurance Company of Canada (appellant) appealed an order denying its motion to dismiss a complaint filed by Wolf Edward Klawans (appellee). …
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The appellant, defendant in the trial court, by interlocutory appeal seeks review of an order denying its motion to dismiss and has preserved for review before this court the following points: (1) Jurisdiction over the subject matter and the defendant; (2) Whether the complaint states a cause of action within the scope of the declaratory decree statute; and (3) Whether the chancellor erroneously issued a temporary injunction without notice.
As to the first point, this contention was answered adverse to the appellant in the case of Confederation of Canada Life Insurance Company v. Arminan, Fla. App.1961, 135 So.2d 867, opinion filed December 20, 1961. As to the second, the plaintiff states a cause of action for declaratory determination of his rights under several insurance policies, alleging that the company had refused to pay in accordance with the terms of the policies because of some act of the Cuban Government subsequent to the issuance of the policies. The complaint clearly demonstrated that there were certain rights in the insurance policies under dispute and no abuse of discretion has been shown in the chancellor’s denial on the motion to dismiss for failure to state a cause of action. It might be pointed out that if it were not for the equity features in the nature of injunctive relief sought by this complaint, this matter might possibly be transferred, upon appropriate motion, to the law side of the court. As to the third point, no abuse of discretion has been shown by the chancellor in the entry of a temporary injunction without notice.
Therefore, the order appealed from is affirmed.
Affirmed.
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SUN Life Assurance Co. OF Canada v. Wolf Edward Klawans, 162 So. 2d 702 (Fla. 3d DCA 1963)…ot be enforceable against any rights that the appellee-plaintiff was seeking under insurance policies issued by the appellant. This cause was previously before the court in the case of Sun Life Assurance Company of Canada v. Klawans, Fla.App. 1961, 137 So. 2d 230, wherein this court affirmed the action of the chancellor in denying a motion to dismiss and issuing a temporary injunction restraining the appellant from paying the cash surrender value of the various policies to the Cuban government. The action w…
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Confederation Life Ass'n v. Brandao, 143 So. 2d 694 (Fla. 3d DCA 1962)…PER CURIAM. Affirmed. See: Sun Life Assurance Company of Canada v. Klawans, Fla.App. 1962, 137 So. 2d 230; Crown Life Insurance Company v. Luzarraga y Garay, Fla.App.1962, 141 So. 2d 633.…
Authorities Cited
- Confederation OF Canada Life Ins. Co. v. Arminan, 135 So. 2d 867 (Fla. 3d DCA 1961)