A Win for Insureds: Fifth Circuit Finds Duty-to-Defend
Data Breach Suit under Personal and Advertising Injury Clause in CGL Policy
Vinson & Elkins
Amid high-profile cybersecurity breaches that have spurred
regulatory action and encouraged compliance revamps, the Fifth Circuit recently
ruled that the Insurance Company of the State of Pennsylvania (“ICSOP”) has a
duty to defend Landry’s, a Houston-based hospitality chain, in a $20 million
data breach litigation.