Illinois Union Insurance Co. v. Intuitive Surgical, Inc.
Opinion
Lead Opinion
Tigar, J.
ORDER DENYING ILLINOIS UNIONS’ MOTION FOR PARTIAL SUMMARY JUDGMENT
Re: ECF No. 146
Plaintiff Illinois Unions Insurance Company (“Illinois Union”) moves for partial summary judgment on its rescission claim. ECF No. 146. The Court will deny the motion.
I. BACKGROUND
A. Procedural History
On October 21, 2013, 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 filed a complaint against Intuitive, seeking to rescind a separate 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 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 claimed to have been 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…