GRENALL v. UNITED OF OMAHA LIFE INSURANCE COMPANY
Where decedent purchased an annuity that provided for monthly benefit payments for the duration of the purchaser's life four months before dying, decedent's erroneous belief at the time of contract that she was in good health and had a reasonable life expectancy did not support a claim for rescission based on mistake of fact as a matter of law because inherent risk of death is assumed as an element of the bargain in life annuity contracts; decedent bore the risk of mistake regarding her health and life expectancy.
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