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ARTICLE · 20 JUNE 2014

"May I Have Your ZIP Code?" Retailers May Want To Read This…

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
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Not many decisions address whether a commercial general liability policy covers lawsuits brought against retailers collecting customers’ ZIP code information.

United StatesPrivacy
Nancy Adams
Nancy Adams
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There are only a handful of decisions addressing whether a commercial general liability (CGL) policy provides coverage for lawsuits brought against retailers allegedly collecting their customers' ZIP code information. Thus, when a decision is issued in this area, particularly a decision denying coverage, it is noteworthy.

Recently, in OneBeacon American Ins. Co. v. Urban Outfitters, Inc.., Case 2:13-cv-05269-SD (E.D.Pa.) (May 15, 2014), a federal district court found that two primary insurers (One Beacon and Hanover) did not have a duty to defend two retailers (Urban Outfitters and Anthropologie) against three ZIP code cases. In One Beacon, the parties cross-moved for summary judgment seeking a declaration regarding OneBeacon's and Hanover's duty to defend (or not) Urban Outfitters and Anthropologie under the applicable CGL policies' "personal and advertising injury" coverage. (One Beacon and Hanover issued virtually identical policies to the retailers over

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