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Insurance Law Hawaii

A commentary on insurance coverage issues in Hawaii and beyond

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Denial of Claim for Data Breach Overturned by Fifth Circuit

By Tred R. Eyerly on August 25, 2021

    The Fifth Circuit reversed the district court's grant of summary judgment which held that the insurer had no duty to defend a data breach suit filed against the insured. Landry's, Inc. v. Ins. Co. of the State of Pennsylvania, 2021 U.S. App. LEXIS 21688 (5th Cir July 21, 2021). 

    Landry's…

Posted in Comprehensive General Liability, Cyber Risk, Duty to Defend

Data Breach Does Not Constitute “Personal Injury” Under CGL Policy

By Tred R. Eyerly on November 19, 2018

    The federal district court agreed with the insurer that there was no coverage for the insured's causing a data breach. St. Paul Fire & Marine Ins. Co. v. Rosen Millennium, Inc., 2018 U.S. Dist. LEXIS 173072 (M. D. Fla. Sept. 28, 2018).

    Millennium provided data security services for Rosen Hotels…

Posted in Actual Cash Value, Comprehensive General Liability, Cyber Risk
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