Waters v. Min Ltd.

587 N.E.2d 231 (1992)

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Nature of the Case

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Facts

Waters (P) made a contract with D to assign her annuity policy with a cash value of $189,000 for $50,000. P was injured in an auto accident when she was twelve, and at the age of eighteen, she settled her claim and with the proceeds purchased an annuity contract. P became involved with drugs and an ex-convict who suggested P sell her annuity to D. The ex-convict already owed D money. D then agreed to pay $50,000 for the policy, which would return to them as owners of the policy over $694,000 during its guaranteed 25-year term; the cash value was $189,000. When P turned over the policy, D forgave parts of the ex-convict's debt to D. The judge found the contract unconscionable and ordered the annuity returned to P and repayment of the $18,000 given and dismissed a counterclaim by D for specific performance. D appealed.