Insurer Accuses Intuitive Surgical of Hiding da Vinci Tolling Agreements; Seeks Policy Rescission

SAN JOSE, Calif. — An insurer has asked a California federal court to rescind a products liability policy issued to Intuitive Surgical Inc., asserting that during the policy application process, Intuitive hid the fact that it entered into tolling agreements with numerous da Vinci robotic surgical system claimants.

In an Oct. 21 complaint filed in the U.S. District Court for the Eastern District of California, Illinois Union accuses Intuitive of breaching the policy terms and violating state insurance law by concealing material information related to the risk.

Illinois Union issued Intuitive a Life Sciences Products-Completed Operations Liability Policy, which covers …