• Was there concealment of a material fact that justified Western's rescission of the life insurance policy?
• Should a contract be allowed to be rescinded because of an innocent misrepresentation? Why or why not?
• Do you think the concealment was intentional or innocent?
• Do you think there is very much insurance fraud in this country? Explain.

can you provide a reference?

.'E, tr. 1's; . , .-----. .s- . _i-I1. . 235 Cal.App.3d 981, 1 Cal.Rptr.2d 157, 1991 Cal.App Lexis 1249 (1991) California Court of Appeals - -' . r 5' Daniel and Doris Wilson were husband and wife. On August 13, 1985. Daniei fainted from a narcotics overdose and was rushed, unconscious, to the hospital. Doris accompanied him. Daniel responded to medication used to counteract a narcotics overdose and recovered. The emergency room physician noted that Daniel had probably suffered from a heroin overdose and that Daniel had multiple puncture sites on his arms. On October 8, 1985, an agent for Western National Life Insurance Company (Western) met with the Wilsons in their home for the purpose of taking their application for life insur ance. The agent asked questions and recorded the Wilsons' responses on a written application form. Daniel answered the following questions: '41:\" imam 13. In the past 30 years. have you been treated Yes No orjoined an organization for alcoholism or drug addiction? If \"Yes.\" explain on the reverse side. X 17. In the past 5 years, have you consulted Yes No or been treated or examined by any physician or practitioner? X (2246'? f 651/1066? giro/(5 Both of the Wilsons signed the application form and paid the agent the first month's premium. Under insurance law and the application form, the life insurance policy took effect immediately, Daniel Wilson died from a drug overdose two days later. Western rescinded the policy and rejected Doris Wilson's Claim to recover the policy's $50,000 death benefit for Daniel's death, alleging fail- ure to disclose the August 13, 1985, incident. Doris sued to recover the death benefits. The trial court granted summaryjudgs merit for Western. Doris appealed. (Ema Was there a concealment of a material fact that justified Western's rescission of the life insurance policy? I r Qatari f {if 9'ng A material misrepresentation or concealment, whether intentional or innocent. entitles the injured party to rescind the contract. The court held that the Wilsons had made such a misrepresentation by concealment, that it was material, and that Western had relied on it and had been injured. The court found that Western would not have issued the life insurance policy to Daniel Wilson if it had been informed of his prior drug overdose. e [W a e The appellate court held that there was a concealment by the Wilsons that warranted rescission of the life insurance policy by Western