Federal Judge: Fact Issue Exists As To Insured’s Concealment Of Tolling Agreements

Mealey's (June 1, 2016, 10:26 AM EDT) -- SAN FRANCISCO — A California federal judge held May 27 that there is a material dispute regarding whether an insured concealed the existence of tolling agreements from its insurer before the issuance of an April 29, 2013, insurance policy, denying the insurer’s motion for partial summary judgment as to its rescission claim in a products liability coverage dispute (Illinois Union Insurance Co., et al. v. Intuitive Surgical Inc., No. 13-04863, N.D. Calif.; 2016 U.S. Dist. LEXIS 70234).

(Order available. Document #13-160602-022R.)

Rescission Sought

On Oct. 21,...
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