News & Analysis as of

Duty to Defend Denial of Insurance Coverage Data Breach

Carlton Fields

Square Peg, Round Hole: 6th Circuit Affirms Finding That Cyber Claims Are Not Covered by CGL Policies

Carlton Fields on

In Home Depot Inc. v. Steadfast Insurance Co., Home Depot learned the hard way a rule every DIY enthusiast knows: measure twice, cut once. It appears Home Depot’s measurements were off when it sized up its insurance needs,...more

Rivkin Radler LLP

February 2025 Insurance Update

Rivkin Radler LLP on

The 2014 Home Depot data breach was one of the more notorious cyberattacks. A decade later, litigation over that incident continues. The Sixth Circuit recently decided whether an electronic data exclusion cleared insurers...more

Wiley Rein LLP

Fifth Circuit Holds Payment Card Breach Lawsuit Triggers Coverage for “Personal and Advertising Injury”

Wiley Rein LLP on

The United States Court of Appeals for the Fifth Circuit, applying Texas law, held that an insurer owed a duty to defend its insured in an underlying litigation stemming from a payment card breach because it found that the...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - October 2018

In this month's edition of our Privacy & Cybersecurity Update, we examine the European Data Protection Board's published opinions on data protection impact assessments, an Ohio court's ruling that bitcoin is covered insured...more

Carlton Fields

Failure To Procure Cyber Insurance Could Haunt Your Company

Carlton Fields on

A federal court in Florida recently adopted the now well-developed consensus that data breach losses are not covered under standard Commercial General Liability (CGL) policies....more

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