Fifth Circuit Holds Payment Card Breach Lawsuit Triggers Coverage for “Personal and Advertising Injury”

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