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Confederation Life Association v. Ugalde. 151 So. 2d 315

Published online by Cambridge University Press:  28 March 2017

Abstract

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Type
Judicial Decisions
Copyright
Copyright © American Society of International Law 1963

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References

1 “ Furthermore, appellee was a citizen of Cuba who had made a contract in thatcountry for performance there. ' [I]t cannot be against the public policy of this state to hold nationals to the contracts which they have made in their own country to be performed there according to the laws of that country.' Dougherty v. Equitable Life Assur. Soc. of United States of America, 266 N. Y. 71, 90, 193 N.E. 897, 903 (1934). . . . ” (Renumbered footnote by the Court).

2 Of the four-judge Court of Appeal, Horton, J., dissented in part. He said: “The provisions of a life insurance policy concerning payment of a cash surrender value constitute no more than a continuing irrevocable offer by the company, and no completed contract to pay such value exists unless and until this offer is accepted by the insured in accordance with its tenor and terms.” This second contract was made when insured in Florida in 1961 accepted the offer by asking for the cash surrender value. In his opinion, this contract was governed by Florida law and the amount was payable in United States dollars rather than in Cuban pesos. He pointed out that the insurance company had funds in the United States and would not be required to violate any Cuban laws or decrees by exporting currency or transporting funds from Cuba to the United States.