Viola T. Turner v. Alfa Life Insurance (PC2 P375) Issue Can Alfa Life Insurance rescind the contract with Turner due to misrepresentation? Rule Contract - 1)Offer 2)Acceptance and 3)Consideration Rescind - power to cancel the contract. Misrepresentation - 1) Untrue assertion of fact was made 2) fact asserted was material or the assertion was fraudulent 3) complaining party entered the contract because of his reliance on the assertion and 4) the reliance of the complaining party was reasonable. Application Turner argues that she answered the question to the best of her knowledge as was required in the contract, and as far as question 12, Turner is taking pills and not insulin dependent. Also on question 14, Turner argues that it was answered truthfully because they were not aware of any diagnosis of congestive heart failure. Turner agrees that the facts were important but they were not fraudulent because the answer was based on the knowledge at hand. Turner has no argument on complaining parties reliance. Turner argues since they are able to research the patient, they
This is the end of the preview. Sign up
access the rest of the document.