Tran

ORDER GRANTING MOTION FOR SUMMARY JUDGMENT [15]

I. INTRODUCTION

This case involves the rescission of Luong Quoc Tran’s life insurance policy for failure to disclose certain details of his medical history. Plaintiff Michelle Tran, Mr. Tran’s widow, is the policy’s beneficiary. Before the Court is Defendant Kansas City Life Insurance Company’s motion for summary judgment. (ECF No. 15.) For the following reasons, the Court GRANTS the motion in its entirety.

II. FACTUAL BACKGROUND

Mr. Tran and Plaintiff were married in 2005 and soon after had a son. (Tran Decl. ¶ 2, ECF No. 16.) Seeking to protect his family, Mr. Tran applied for a $300,000 “Flexible Premium Adjustable Death- Benefit Life Insurance Policy” with Defendant on July 27, 2014, at the recommendation of Plaintiffs parents. (Tran Decl. ¶ 3; Augus-tin Decl., Ex. A-B at 17, 36, ECF No. 15.) The application required Mr. Tran to answer twenty-three questions about his health. (Augustin Ex. A at 10.) One of the questions asked whether he had been “diagnosed” or “treated” for any disease or disorder relating to “diabetes, sugar in the urine” in the ten years preceding the application. (Id.) A second question asked whether he…