Grenall v. United of Omaha Life Insurance Company
Court of Appeals of California, First District
165 Cal.App.4th 188, 80 Cal.Rptr.3d 609 (2008)
Relevant factsFree
Jean Simes purchased a life annuity from United of Omaha (defendant) months before dying of cancer, paying a single premium far exceeding the benefits she received before her death; her estate (plaintiff) sued to rescind the contract, arguing it was based on Simes's mistaken belief that she was healthy, and the trial court granted United summary judgment, prompting the estate's appeal.
IssueFree
Whether a party's unilateral mistake about her own health, made in purchasing a life annuity, supports rescission of the contract where the risk of that mistake is inherent in the type of contract itself.