Fifth Circuit Holds Payment Card Breach Lawsuit Triggers Coverage for “Personal and Advertising Injury”
By EsqSocial Corporation 30/07/21
The United States Court of Appeals for the Fifth Circuit, applying Texas law, held that an insurer owed a duty to defend its insured in an underlying litigation stemming from a payment card breach because it found that the underlying complaint sufficiently alleged a “personal and advertising injury” under the terms of the policy. Landry’s Inc. v. Ins. Co. of the State of Pa., 2021 WL 3075937 (5th Cir. July 21, 2021)....
By: Wiley Rein LLP