Fifth Circuit Supports Data Breach Coverage Under Commercial General Liability Insurance Policies

The United States Court of Appeals for the Fifth Circuit wrapped up the month of July by handing down a helpful ruling for policyholders seeking coverage for cybersecurity and data breach risks. On July 21, 2021, the Fifth Circuit ruled in Landry's Inc. v. Insurance Company of the State of Pennsylvania that the terms "publication" and "privacy" should be construed broadly to trigger the insurer's duty to defend a policyholder. ¹ Notably, the insurance policy at issue was a commercial general liability (CGL) policy and the underlying lawsuit was a data breach claim. This decision is a reminder that insurance coverage for cyber liability or data breach liability may be found in a number of different types of insurance policies, not just those marketed or sold as cyber policies.