The Oscar winner gave several reasons why the suit filed by Fireman's Fun Insurance Co. "should go no further," documents filed last week at the U.S. District Court in Los Angeles said.
In its suit against De Niro, Fireman's Fund alleged the actor knew of his prostrate cancer and did not properly disclose it before shooting began on the film "Hide and Seek." Because of his improper disclosure, the company said, De Niro should pay the more than $1.8 million paid to Fox studios for a filming delay caused by the actor's illness.
De Niro said he did not know about the cancer until Oct. 15, 2003, five days after a biopsy and two days after he filed the company's medical forms. Once he learned he had cancer, the actor made a public announcement, E! News reported.
De Niro said the lawsuit also was defective because he was improperly served, with papers allegedly placed on the windshield of a car in which he was a passenger while the vehicle was stopped.