Tolling Agreements Cause Coverage Concern

An insurance coverage dispute has arisen in connection with litigation involving a robotic surgery medical device maker. A declaratory judgment action seeking rescission of product liability insurance policies issued to the manufacturer was filed in the U.S. District Court for the Northern District of California. If successful, the insurer may avoid obligations under its primary and excess insurance policies providing $15 million per occurrence and $50 million aggregate.

To read the rest of this article, authored by Sean T. Stadelman,  please visit Life Science Matters – An inside look at the latest legal developments involving medical devices, pharmaceuticals, and more.