5th Circ. Says Insurer Must Defend $20M Data Hack Suit

Law360 (July 21, 2021, 6:26 PM EDT) -- The Fifth Circuit on Wednesday reversed a ruling that Landry's Inc.'s insurer could escape its duty to defend the Houston-based hospitality chain in a $20 million data hack dispute with JPMorgan Chase Bank, finding the policy's definition of publication can include making credit card information generally available.

A two-judge panel wrote in a precedential ruling that the language in a policy issued by The Insurance Co. of the State of Pennsylvania, or ICSOP, suggests the "broadest possible definition" for publication. In addition, the contract dispute brought by JPMorgan Chase's Paymentech LLC against the Houston-based hospitality chain "plainly alleges" that hackers published...

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