Excess Insurer Defeats Vizio's Suit Over $17M Privacy Deal

By Daphne Zhang (May 5, 2021, 4:16 PM EDT) -- A California federal judge has freed Arch Insurance Co. from having to cover Vizio Inc.'s $17 million settlement in multidistrict litigation accusing the TV maker of selling data without consumers' consent, finding the excess insurer has no duty to provide a defense.

U.S. District Judge Otis Dalino Wright on Monday granted Arch's motion to dismiss Vizio's suit seeking coverage for its settlement in a 2018 MDL accusing it of selling data on consumers' viewing habits, but he gave Vizio 21 days to amend its complaint.

Arch's policy language is clear that, as the excess insurer, its duty to defend and indemnify...

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