Sherry Gasaway v. Northwestern Mutual Life Insurance Company, an Oregon Corporation John Does 1-10 Doe Partnerships 1-10 Roe Corporation

Opinion by Judge RYMER.

Sherry Gasaway appeals the district court’s summary judgment in favor of Northwestern Mutual Life Insurance Co. (NML) on its counterclaim for rescission of Gasa-way’s disability insurance policy based on material misrepresentations in her application. See Gasaway v. Northwestern Mut. Life Ins. Co., 820 F.Supp. 1241 (D.Haw.1993). This court has jurisdiction, 28 U.S.C. § 1291 , and we affirm.

I

Gasaway was an agent for NML who first applied for an NML life insurance policy in April 1989. NML underwriters obtained copies of Gasaway’s medical records from her personal physician (Dr. Dierdorff) which indicated that Gasaway had complained of chronic fatigue syndrome since April 1988 and that Sinequan was prescribed to alleviate depression associated with that illness. She also had a medical examination as part of the application process. In July 1989, Gasaway applied for a second NML life insurance policy; that application had no new medical information.

In December 1989, Gasaway applied for an NML disability insurance policy. She underwent another medical exam and filled out another questionnaire in which she answered “no” to all questions relating to prior…