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Landry’s, Inc. v. The Insurance Company of the State of Pennsylvania

Court: 5th Cir  07/21/2021  Fifth Circuit Holds Insurer Has Duty to Defend in Data-Breach Litigation

On appeal from the Southern District of Texas, the Fifth Circuit reversed and held that commercial general liability insurer has a duty to defend restaurant group under "personal and advertising injury" insuring agreement, finding that credit card data-breach dispute alleged claims for "oral or written publication, in any manner, of material that violates a person's right of privacy," though claims against insured were brought by credit card processing company, and not individual customers.

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