Insurer has Duty to Defend Client in Data Breach Litigation

Landry’s Inc, a hospitality company, operates a variety of restaurants, casinos, and hotels. In December 2015, Paymentech, a credit card processor for Visa and Mastercard that processed payments for Landry’s, discovered a data breach at fourteen of Landry’s businesses occurring between May 2014 and December 2015. Litigations surrounding the data breach soon followed, and Landry’s sought coverage from its insurer, The Insurance Company of the State of Pennsylvania. The insurer denied defense for the suit. In litigation between Landry’s and the insurer over coverage, the district court sided with the insurance company finding there was no duty to defend. Landry’s timely appealed the decision. Learn why the Fifth Circuit Court disagreed with and reversed the district court’s decision.

Webb Sanders & Williams has extensive experience in duty to defend cases and is a trusted source of multiple insurance companies. If you or your insureds require assistance, contact our office at 662-844-2137.