Nieto

—Plaintiff and appellant Julie Nieto failed to disclose information about her medical condition and treatment on a health insurance application she submitted to defendant and respondent Blue Shield of California Life & Health Insurance Company (Blue Shield). She filed an action against Blue Shield after it rescinded her insurance policy. The trial court granted Blue Shield’s motion for summary judgment, ruling that it was entitled to rescission as a matter of law in view of the undisputed evidence that appellant made material misrepresentations and omissions regarding her medical history.

We affirm. The undisputed evidence established that the information appellant provided to Blue Shield was false and, contrary to appellant’s assertions, Blue Shield had no statutory duty to show that appellant’s application had been physically attached to the insurance policy nor to conduct further inquiries during the underwriting process to ascertain the truthfulness of appellant’s representations before it issued the policy.

FACTUAL AND PROCEDURAL BACKGROUND

Appellant’s Medical History.

Appellant saw orthopedist Martin Nation, M.D., several times between January 2002 and May 2005…