Eleanor L. Burns v. Rockford Life Insurance Company

I respectfully dissent from the majority opinion in this case because I believe that it inadequately addresses the real issue which confronts us.

It is clear — as the district court concluded — that there was no actionable fraud on behalf of defendant, Rockford Life Insurance Company. This is a simple issue which merits, at best, brief discussion. Rather, the real issue in this case is the legal effect of the erroneous temporary insurance receipt which defendant, Rockford Life Insurance Company, proffered to the plaintiff.

The terms of the temporary insurance receipt materially differed from…