ECHAIDE v. CONFEDERATION OF CANADA LIFE INSURANCE

No. 71-3062.

459 F.2d 1377 (1972)

Emeterio Santovenia ECHAIDE and Lorenzo Santovenia, as assignees of Emilio Garcia Mendez, Plaintiffs-Appellees, v. CONFEDERATION OF CANADA LIFE INSURANCE a/k/a Confederation Life Association, etc., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 11, 1972.


Attorney(s) appearing for the Case

Phillip G. Newcomm, Shutts & Bowen, Miami, Fla., for defendant-appellant.

James M. Henderson, Kneale, Roberts, Kneale, Starkweather & Henderson, Miami, Fla., for plaintiffs-appellees.

Before TUTTLE, GEWIN and THORNBERRY, Circuit Judges.


TUTTLE, Circuit Judge:

This is another in a growing list of cases involving insurance policies issued in Cuba, prior to Fidel Castro's takeover there in 1959, upon which claimants in the United States seek to recover. Plaintiffs here, claiming as assignees of the original insured, a Cuban resident, were awarded summary judgment by the district court. We reverse.

Appellant is a Canadian insurance corporation authorized to do business in Florida and which has...

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