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Grenall v. United of Omaha Life Insurance Company
Citation:
Court of Appeals of California, First District 165 Cal.App.4th 188, 80 Cal.Rptr.3d 609 (2008)Facts
Jean M. Simes died of cancer less than four months after purchasing an annuity that provided for monthly benefit payments as long as she lived. The administrators of her estate sued to rescind the annuity, alleging mistake of fact. Simes did not know at the time of her application that she had terminal ovarian cancer that would result in her death four months later. The estate also asserted unilateral mistake and made no claim that United had reason to know of, or caused the mistake.
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