Illinois Union Insurance Co. v. Intuitive Surgical, Inc.

ORDER REGARDING INTUITIVE SURGICAL’S RIGHT TO A JURY TRIAL

Re: ECF Nos. 113, 115, 119

I. BACKGROUND

On October 21, 2013,’ Illinois Union Insurance Company (“Illinois Union”) filed a complaint against Intuitive Surgical, Inc. (“Intuitive”), seeking to rescind a products liability insurance policy, which Illinois Union had issued to Intuitive. ECF No. I. 1 On December 16, 2013, Navigators Specialty Insurance Company (“Navigators”) filed a complaint against Intuitive, seeking to rescind a second products liability insurance policy, which Navigators had issued to Intuitive. Navigators Specialty Ins. Co. v. Intuitive Surgical, Inc„ No. 15-cv-5801-JST, ECF No. 1 (“Navigators”). Both Complaints (collectively, “the rescission actions”) sought to rescind the underlying insurance policies based on Intuitive’s alleged concealment from Illinois Union and Navigators (collectively, the “Insurers”) of certain tolling agreements which Intuitive had entered into with parties who had claimed to be injured by Intuitive’s da Vinci® Surgical System product. ECF No. 1 ¶¶ 26-27; Navigators, No. 15-CV-5801-JST, ECF No, 1 ¶¶ 27-28. On April 23, 2014, . the Court consolidated these two cases for all…