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4874 REVIEW DENIED In a life insurance policy characterized by the phrase "vanishing premiums," language stating that premiums are payable for life, and that the number of years of required cash outlays depends on continuation of the current dividend scale, was not sufficiently clear and obvious to permit a finding as a matter of law that plaintiff should have discovered that the premiums would not actually vanish after the eleventh year as promised by defendant; the delayed discovery rule, which is built into the statute of limitations on fraud, should apply to an action based on fraud and brought under the Unfair Competition Law.CitationBROBERG v GUARDIAN LIFE (Vanishing Premiums) 171 CA4 912 [See: CCP 338; B&PC 17208; CivC 1750 etseq; Grisham v Philip Morris 40 C4 623, T/AT 3/07; Fairbanks v Superior Court 46 C4 56, T/AT 4/09]
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