5th Circ. Data Hack Ruling May Increase Privacy Litigation – Law360


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Law360 (August 2, 2021, 1: 54 PM EDT) -- In Landry's Inc. v. The Insurance Co. of the State of Pennsylvania,[1] the U.S. Court of Appeals for the Fifth Circuit ruled on July 21 that a carrier had a duty to defend its insured under coverage B, personal and advertising injury, of a commercial general liability policy for a claim arising out of a data breach.

The Fifth Circuit's treatment of the meaning of "publication" was remarkable, and could have a significant and unfortunate effect of expanding litigation over the scope of coverage B.

Landry's, which operates restaurants, hotels and casinos, was sued by Paymentech LLC, a payment card processing...

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