A $1.8 million lawsuit by Fireman's Fund Insurance against Robert DeNiro, that alleged the actor concealed a health problem delaying a film production insured by the carrier, was tossed out of court yesterday.
Los Angeles Superior Court Judge Rolf Treu granted summary judgment on all causes of action in favor of the Oscar-winning movie star.
Novato, Calif.-based Fireman's brought suit after the 2003 production of the movie "Hide and Seek" had its filming schedule put on hold when Mr. De Niro's physician notified him that he had been found to have prostate cancer.
The film company had insured with Fireman's Fund against losses caused by delays resulting from the illness of key actors.
Fireman's sued Mr. DeNiro, claiming he intentionally withheld information about his condition during a cast medical exam, even though that exam took place two days before Mr. DeNiro was given the diagnosis that he had prostate cancer.
Judge Treu ruled that Mr. DeNiro made no false statements to Fireman's Fund about his health.
"This ruling vindicates what we've said all along: Mr. DeNiro answered Fireman's Fund's questions truthfully, and we are pleased that the court has found that Fireman's Fund can't sue Mr. DeNiro for getting cancer," said his attorney, Robyn Crowther of Caldwell Leslie & Proctor, in a statement.
Janet Ruiz a Fireman's Fund spokesperson, issued a statement hinting that the insurer might appeal the decision. "We respectfully disagree with the ruling. We believe the facts clearly proved our position and we are evaluating our legal options," she said.
Fireman's Fund filed its lawsuit in 2006. Before the case was remanded to state court, Mr. DiNiro's attorneys filed papers last year in U.S. District Court in Los Angeles that argued he was not diagnosed until after the insurance company physical.
The insurer responded that the actor had a biopsy three days before the Fireman's exam that he should have disclosed. His attorneys answered that he was only asked if he was undergoing treatment for a disorder or had a diagnosis, and a biopsy is not a diagnosis of a treatment or a disorder.
Mr. DeNiro subsequently went back to work on the film and, according to Ms. Crowther, "is doing fine."
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