California Court of Appeal
Grenall v. United of Omaha Life Ins. Co., A118823
In an action for rescission of an annuity arising after an individual died of cancer less than four months after purchasing the annuity that provided for monthly benefit payments as long as she lived, summary judgment for defendant-issuer is affirmed where a contracting party bears the risk of a mistake when the agreement so provides or when the party is aware of having only limited knowledge of the facts relating to the mistake but treats this limited knowledge as sufficient.
Appellate Information
- Decided 07/25/2008
- Published 07/25/2008
Judges
- STEIN, J.
Court
- California Court of Appeal
Counsel
- For Appellant:
- Edward Napier Thomson, Sausalito, Byron Benjamin Kilgore, San Francisco, for Plaintiffs and Appellants.
- For Appellees:
- Freitas, McCarthy, MacMahon & Keating, Thomas F. Keating, Matthew C. Mani, San Rafael, Shelley A. Kramer, San Francisco, for Defendant and Respondent.