On September 12, 2016, the US Court of Appeals for the Sixth Circuit held in Galaria v. Nationwide Mutual Insurance Co., Nos. 15-3386/15-3387 (6th Cir. Sept. 12, 2016) that the plaintiffs in two related lawsuits properly alleged standing to pursue claims arising from a 2012 attack on the defendant insurance company’s computer network. The
Class Action
US Court of Appeals for the Seventh Circuit Finds Standing in Putative Data Breach Class Action
On April 14, 2016, the United States Court of Appeals for the Seventh Circuit held that the two plaintiffs in Lewert v. P.F. Chang’s China Bistro, Inc., No. 14-3700 (7th Cir. Apr. 14, 2016) have standing to pursue claims arising from a 2014 data breach suffered by that restaurant chain. The court, in an…
Fourth Circuit Upholds CGL Cyber Insurance Coverage
By Marcus A. Christian on
In a noteworthy decision on the coverage of data breaches by commercial general liability (CGL) policies, the United States Court of Appeals for the Fourth Circuit affirmed a lower court’s August 2014 holding that Portal Healthcare Solutions LLC (Portal) is covered under its CGL policies with The Travelers Indemnity Company of America (Travelers). The unpublished…