Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Underscoring that insurance coverage for cyber claims can come under different insurance products, a recent decision by the U.S. Court of Appeals for the Fifth Circuit held that the policyholder is entitled to defense coverage under a CGL policy for a $20 million lawsuit after a cyberattack grabbed payment card information from its computer systems.

In Landry’s Inc. v. the Insurance Co. of the State of Pennsylvania, No. 19-20430 (5th Cir., July 21, 2021), the Fifth Circuit reversed a trial court ruling that had favored the insurance company. Policyholder Landry’s, a multi-brand restaurant and hospitality company, had been sued for more than $20 million by its merchant bank Paymentech after Visa and Mastercard had assessed damages against Paymentech for payment card fraud charges and replacement expenses stemming from a hacker’s theft of payment card information at certain Landry locations.

This premium content is locked for
Insurance Coverage Law Center subscribers only.

Start a free trial to enjoy unlimited access to the single source of objective legal analysis, practical insights, and news for the insurance industry.

  • Access the most current expert analysis and daily developments across jurisdictions
  • Solve complex research issues with expert tools and intelligence
  • Tap into insurance coverage expert guidance

Already have an account?
For enterprise-wide or corporate access, please contact our Sales Department at 1-800-543-0874 or email [email protected].


Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.