THE CROWN LIFE INSURANCE COMPANY, A CANADIAN CORPORATION, APPELLANT,
v.
MIGUEL MORALES CALVO AND MARIA OFELIA ABREAU DE MORALES, HIS WIFE, APPELLEES
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The Florida District Court of Appeal reversed a summary judgment in favor of Cuban nationals seeking the cash surrender value of an insurance policy, remanding the case to award the value in U.S. dollars based on the exchange rate at the time of demand.
The court held that the cash surrender value should be awarded in United States dollars, equivalent to the value in Cuban pesos at the time the demand was made.
“The policy and the facts in the instant case are almost indentical as those recited in Confederation Life Association, supra.”
Establishes the factual and legal basis for applying precedent.
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Join FLexlaw to unlock all legal intelligenceAppellees, Cuban nationals, sued appellant, a Canadian insurance company, to collect the cash surrender value of an insurance policy. The case involve…
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The appellant appeals an adverse summary final judgment rendered in favor of the appellees, Cuban nationals.
The cause of action was instituted by the appellees, as plaintiffs, to collect the *688cash surrender value of an insurance policy issued by the appellant. The summary final judgment in this cause was rendered prior to the decision of this court in Confederation Life Association v. Ugalde, Fla.App. 1963, 151 So.2d 315. The policy and the facts in the instant case are almost indentical as those recited in Confederation Life Association, supra. Therefore, based upon said authority, the summary final judgment here under review is reversed insofar as it awarded a judgment to the plaintiff in dollars, and it is remanded with directions to enter a judgment for the plaintiffs in United States dollars for a sum equal to the cash surrender value of the policy in Cuban pesos as of the date demand was made. Revillon v. Demme, 114 Mise. 1, 185 N.Y.S. 443.
Affirmed in part, reversed in part, and remanded with directions.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Confederation Life Ass'n v. Arminan, 207 So. 2d 33 (Fla. 3d DCA 1968)…o. 2d 1, cert. denied, 379 U.S. 915, 85 S.Ct. 263, 13 L.Ed.2d 186 (1964). . Sun Life Assurance Company of Canada v. Klawans, Fla.App.1964, 162 So. 2d 702, cert. granted, Fla.1964, 165 So. 2d 166; Crown Life Insurance Company v. Calvo, Fla.App.1963, 151 So. 2d 687, cert. granted, Fla.1964, 164 So. 2d 813; Confederation Life Association v. Brandao, Fla.App.1964, 173 So. 2d 514, cert. denied, Fla.1965, 173 So. 2d 457; Trujillo v. Sun Life Assurance Company of Canada, Fla.App.1964, 166 So. 2d 473. .Confederatio…
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The Crown Life Ins. Co. v. Calvo, 164 So. 2d 813 (Fla. 1964)…PER CURIAM. Conflict certiorari is granted. The decision of the District Court of Appeal herein, 151 So. 2d 687, having been found to be in conflict with Confederation Life Association v. Ugalde, 164 So. 2d 1, 164 So. 2d 3, recently decided by this court, is quashed and the cause remanded for disposition not inconsistent with the views expressed in the Ugalde…
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SUN Life Assurance Co. OF Canada v. Wolf Edward Klawans, 162 So. 2d 702 (Fla. 3d DCA 1963)…or for further proceedings not inconsistent with this opinion. Affirmed in part, and reversed in part with directions. PER CURIAM. WHEREAS, the judgment of this court was entered on September 25, 1963 (Crown Life Insurance Co. v. Calvo, Fla.App., 151 So. 2d 687) affirming in part and reversing in part, with directions, the summary final decree of the Circuit Court of the Eleventh Judicial Circuit in and for Dade County, Florida, in the above styled cause; and WHEREAS, on review of this court’s judgment, b…1 / 2
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Confederation Life Ass'n v. Leandro Goiricelaya Ugalde, 151 So. 2d 315 (Fla. 3d DCA 1963)