Blanco v. Pan-American Life Insurance Company
| Decision Date | 15 July 1963 |
| Docket Number | 63-3.,Civ. No. 11130,24-62,194-62 |
| Citation | 221 F. Supp. 219 |
| Parties | Inocencio BLANCO, Plaintiff, v. PAN-AMERICAN LIFE INSURANCE COMPANY, Defendant, PAN-AMERICAN LIFE INSURANCE COMPANY, Counter-Claimant, v. Inocencio BLANCO et al., Counter-Defendants. Guido CONILL, Plaintiff, v. PAN-AMERICAN LIFE INSURANCE COMPANY, Defendant. Jose Antonio LORIDO Y DIEGO, Plaintiff, v. AMERICAN NATIONAL INSURANCE COMPANY, Defendant. Maria Teresa Paula AGUIRREGAVIRIA ZABALETA, Plaintiff, v. PAN-AMERICAN LIFE INSURANCE COMPANY, Defendant. |
| Court | U.S. District Court — Southern District of Florida |
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Carey, Goodman, Terry, Dwyer & Austin, Herbert A. Kuvin, Miami, Fla., for plaintiffs Blanco, Conill and Diego.
Salley & Paul, Miami, Fla., for plaintiff Zabeleta.
Dixon, DeJarnette, Bradford, Williams, McKay & Kimbrell, Miami, Fla., for defendants.
The four above captioned causes were consolidated for trial, and the Court has heard and considered the testimony and the evidence of the respective parties. Trial by jury was not demanded on any issues in the causes by any of the parties, and the Court now enters its Findings of Fact and Conclusions of Law, pursuant to Rule 52(a).
Each of these causes involves an action by the plaintiff on certain policies of life insurance or annuity for declaratory judgment that the policies sued on are in full force and effect, and that where applicable the cash surrender value thereof is payable upon demand, or where there are annuity or endowment features that same will be paid as the sums provided for mature. In the one case, (Blanco) there is a counterclaim for declaratory judgment that the insurance company defendant is not liable upon the three annuity contracts.
In each case, federal jurisdiction is invoked upon the grounds of diversity of citizenship and the fact that in each case the amount in controversy exceeds Ten Thousand Dollars exclusive of interest and costs. All of these cases were originally filed in the Circuit Court of Dade County, Florida, and were removed to this Court, on the petition of the Defendants, which petition was predicated upon diversity of citizenship. Each of the plaintiffs are former nationals of Cuba, and are residents of Florida The defendant, Pan-American Life Insurance Company (hereinafter referred to as Pan American), is a corporation organized and existing under the laws of the State of Louisiana and having its principal place of business in the City of New Orleans, Louisiana. The defendant, American National Insurance Company (hereinafter called American National), is a corporation organized and existing under the laws of the State of Texas, and having its principal place of business in the City of Galveston, Texas.
Pan-American had been conducting a life insurance business in the Republic of Cuba since 1913 and continued so doing until October 26, 1960, and maintained a branch office in Havana, Cuba, during this period.
American National had been conducting a life insurance business in the Republic of Cuba since about 1949 and continued so doing until October 24, 1960. During this time, American National had a general agent in Havana, Cuba, known as the Godoy-Sayan.
On May 18, 1945, Inocencio Blanco (hereinafter called Blanco) purchased from Pan-American three separate single-premium annuity contracts on the respective lives of his three daughters.
The first of these policies was a life-time annuity policy No. 400-266 wherein it was agreed, among other things, to pay to one Gloria Maria de la Milagrosa Blanco y Diez, the daughter of the Plaintiff, for a cash consideration of $18,084.00, a lifetime annuity in the amount of One Hundred Dollars a month, the first payment to be effected on the 18th day of May of 1965. The second was a lifetime annuity policy No. 400-267, wherein it agreed, among other things, to pay to one Ana Maria Blanco y Diez, the daughter of the Plaintiff, for a cash consideration of $20,323.00, a lifetime annuity in the amount of $100.00 a month, the first payment to be effected on the 18th day of May, 1961. The third was a lifetime annuity policy No. 400-268, wherein it agreed, among other things, to pay to one Maria de Lourdes Blanco y Diez, the daughter of the Plaintiff, for a cash consideration of $22,889.00, a lifetime annuity in the amount of $100.00 a month, the first payment to be effected on the 18th day of May, 1957.
Inocencio Blanco Arias, the father of the annuitant, is living and is vested with the control of the contract under its terms, and the Plaintiff has complied with all conditions precedent contained in the policy, including the payment of all premiums due thereunder.
The Plaintiff, Inocencio Blanco, has made demand for the cash value of the policy as prescribed by the terms of the policy, and the said demand was refused by the defendant insurance company.
The annuity contract on the life of Maria de Lourdes Blanco y Diez matured on May 18, 1957, and Pan-American began to pay her the monthly installments of $100.00 called for by the said contracts. Said payments continued to be made until and including August 18, 1960. Prior to this last mentioned date, Pan-American had no knowledge that this annuitant had become a naturalized Cuban citizen. Shortly after August 18, 1960, Pan-American learned for the first time that this annuitant had become a Cuban citizen and on or about September 18, 1960, issued its check payable to her in the amount of 100 Cuban pesos and mailed it to her at her last known address in Cuba. This check was returned (by Sr. Blanco) to Pan-American on September 19, 1960, and before the due date of the installment for October, 1960, Pan-American was advised that this annuitant would not accept further payments in pesos or in Cuba. No further payments have been made to this annuitant. All other payments made to this annuitant were made in United States dollars.
The annuity contract on the life of Ana Maria Blanco y Diez matured on May 18, 1961, and no payments have been made on account thereof.
The annuity contract on the life of Gloria Maria de la Milagrosa Blanco y Diez does not mature until May 18, 1965, and no payments on account thereof have become due.
Shortly before December 20, 1941, the plaintiff applied to the defendant's office in Havana, Cuba, for the issuance to him of a policy of life insurance by the defendant.
The policy, No. 359-012 was issued and agreed, among other things, to pay to his named beneficiary, for a cash consideration of the advance payment of $972.00 and a like sum each and every year during the term of the policy, the amount of $20,000.00 upon proof of the death of Guido Conill.
Guido Conill is living and is therefore vested with the control of the said policy, and the Plaintiff has complied with all the conditions precedent contained in the policy, including the payment of all premiums due thereunder.
The plaintiff, Guido Conill, has made demand for the cash value of the policy, as prescribed by the terms of the policy, and the said demand was refused by the defendant insurance company.
On or about May 28, 1938, the plaintiff applied to the defendant's office in Havana, Cuba, for the issuance to her of a policy of life insurance by the defendant.
The policy, No. 315,761, was issued and provided various life insurance and endowment benefits as well as other options which plaintiff could elect. It had a maturity value of $14,550.00 and had various cash values, depending on the length of time that the policy was in effect which were provided in a table of options contained in the policy.
On or about July 14, 1952, the plaintiff entered into an agreement with the defendant, which became a part of the said policy of insurance. By the terms of this agreement, policy payments to or by the plaintiff were to be made in Cuban pesos, and the place of payment was to be in Havana, Cuba. Thus, from the inception of the policy to 1952, the plaintiff paid premiums to the defendant in United States dollars. From 1952 to on or about October 24, 1958, the plaintiff paid premiums in Cuban pesos pursuant to this agreement. On October 24, 1958, in accordance with the provisions in the policy, plaintiff exercised one of the options granted thereunder and elected to cease paying annual premiums and receive Fifteen (15) years thereafter an endowment payment. Her election was agreed to in writing by the defendant.
Having complied with all conditions precedent contained in the policy, the plaintiff, on or about July 30, 1962, made demand upon the defendant for the cash value of the policy. The defendant refused to pay same and further refused to consider the policy in full force and effect despite plaintiff's compliance with all the conditions precedent contained therein.
On July 11, 1950, the plaintiff made application to Godoy-Sayan for the issuance to him of a policy of life insurance by the defendant, and on July 16, 1951, the plaintiff made application to Godoy-Sayan for the issuance to him of a second policy of life insurance by the defendant.
Each of said applications contained a provision which, translated into English, is as follows:
"Any policy of insurance issued upon this application will be considered a contract of the State wherein such application was written and the policy terms shall be construed in accordance with the laws of such State and unless otherwise specified herein by the applicant."
On the first application, Endowment Insurance Policy No. 1455500 was issued and it agreed, among other things, to pay to the Plaintiff, if living, or to his specified beneficiary, on the Endowment Maturity Date of the Policy the sum of $5,000.00, or the equivalent thereof.
On the second application, Endowment Insurance Policy No. 1566141 was issued and it agreed, among other things, to pay...
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