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.

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