Excess Insurer Says Intuitive Hid Tolling Agreements With da Vinci Robotic Surgical Claimants

SAN FRANCISCO — An insurer is seeking rescission of an excess policy issued to Intuitive Surgical Inc., arguing 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 a Dec. 16 complaint filed in the U.S. District Court for the Northern District of California, Navigators Insurance Co. says Intuitive breached the policy and violated California insurance law by hiding the tolling agreements, which are material to the risk assumed by the insurer.

According to the complaint, Navigators issued Intuitive a Follow Form Excess Liability Policy, …