Legal Opinion

Zoila Santovenia and Lorenzo Santovenia, Etc. v. Confederation Life Association, Etc.

Court of Appeals for the Fifth Circuit

Decided May 31, 1972No. 71-2928PublishedCited by 7 opinions

1Opinion of the Court

TUTTLE, Circuit Judge:

This action was brought by Cuban nationals now residing in Florida to recover in dollars the proceeds of a life insurance policy issued in Cuba which by its terms was payable in Cuba and in Cuban pesos. The district court, finding that the insurance contract was governed by Cuban law and that under Cuban law plaintiffs could recover only in Cuba and in pesos, entered summary judgment in favor of defendant insurance company. We affirm the judgment of the district court for the reasons stated in its thorough opinion, reprinted below.

We would add only the following.…

2Cases cited21 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
  3. Home Insurance v. DickSupreme Court of the United States · 1930
  4. Scudder v. Union National BankSupreme Court of the United States · 1875
  5. Clay v. Sun Ins. Office Ltd.Supreme Court of the United States · 1960

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3Cited by7 opinions

  1. Francis Van Orman, on His Own Behalf and on Behalf of a Class of All Participants, Continuing Former Employees, Pensioners, Beneficiaries and Contingent Survivors, as Such Persons Are Defined in the Revised Retirement Plan of the American Insurance Company, American Automobile Insurance Company and Associated Indemnity Corporation ("Tarp") v. The American Insurance Company, the American Automobile Insurance Company, the Associated Indemnity Corporation, Fireman's Fund Insurance Company, Fireman's Fund American Life Insurance Company, Tarp, and Fireman's Fund American Retirement Plan("farp"), Robert P. J. Cooney and Jack B. McCowan Nellie Taylor, Andrew Marsh, Ulice M. Hoover, Peggy Laing, Richard Shultis and Waldermar Ogren, on Their Own Behalf and on Behalf of All Participants and Beneficiaries Similarly Situated v. The American Insurance Company, the American Automobile Insurance Company, the Associated Indemnity Corporation, Fireman's Fund Insurance Company, Fireman's Fund American Life Insurance Company, Robert P. J. Cooney, Jack B. McCowan and Tarp, Francis Van Orman, on His Own Behalf and on Behalf of All Participants and Beneficiaries Similarly Situated, and Ulice M. Hoover, Nellie Taylor, Peggy Laing, Andrew Marsh, Richard Shultis, and Waldemar H. Ogren, on Behalf of Those and All Other Persons Similarly Situated, in No. 81-2784. The American Insurance Company, the American Automobile Insurance Company, Theassociated Indemnity Corporation, Fireman's Fund Insurance Company,fireman's Fund American Life Insurance Company, Tarp, and Farp, Robert P. j.cooney and Jack b.mccowan and the American Insurance Company, the American Automobile Insurance Company, the Associated Indemnity Corporation, Fireman's Fund Insurance Company, Fireman's Fund American Life Insurance Company, Robert P. J. Cooney, Jack B. McCowan and Tarp, in No. 81-2785 the American Insurance Company, American Automobile Insurance Company, Associated Indemnity Corporation, Fireman's Fund Insurance Company, the Revised Retirement Plan of the American Insurance Company, Fireman's Fund American Retirement Plan, Robert P. J. Cooney and Jack B. McCowan and Fireman's Fund Insurance Company, American Insurance Company, American Automobile Insurance Company, Associated Indemnity Corporation, the Revised Retirement Plan of the American Insurance Company, Associated Indemnity Corporation, Fireman's Fund American Life Insurance Company, Robert P. J. Cooney, and Jack B. McCowan in No. 81-2786Court of Appeals for the Third Circuit · 1982
  2. Pezold Air Charters v. Phoenix Corp.District Court, M.D. Florida · 2000
  3. Van Orman v. American InsuranceCourt of Appeals for the Third Circuit · 1982
  4. Terranova Corp. v. 1550 BISCAYNE ASSOCIATES, CORP.District Court of Appeal of Florida · 2003
  5. Fioretti v. Massachusetts General Life InsuranceCourt of Appeals for the Eleventh Circuit · 1995

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