Rosario v. Atlantic Southern Ins.

We must determine whether or not two life insurance policies were in force upon the death of the insured. This is a specialized aspect of contracting — the insurance business —and the particular facts of the case, as we shall see, are controlling in the determination of the applicable law.

On February 13, 1961, the Peninsular Life Insurance Company issued two policies in favor of Virgilio Caraballo, one an accident policy in the principal amount of $2,500 and the other an endowment policy for $500, both having a double indemnity clause in case of death caused by accident. In both policies the…