In our November Insurance Update, we address consent, “occurrence,” malicious prosecution, claims-made reporting requirements, and the duty to defend.

Consent has seemed to plague TV-maker Vizio. First, it got into trouble with consumers by allegedly secretly collecting information about their viewing habits and selling that information without the consumers’ consent. Then, it reached a deal with consumers, but never sought its excess liability insurer’s consent before settling. As the Ninth Circuit holds, that mistake proved costly.