Insurance Law Update, “Fifth Circuit Supports Data Breach Coverage under Commercial General Liability Insurance Policies”
Publications
August 5, 2021
In their Insurance Law Update, Jenner & Block Partner Brian S. Scarbrough and Staff Attorney Lena Seung Yun highlight a Fifth Circuit ruling that should prove helpful for policyholders seeking coverage for cybersecurity and data breach risks. In Landry's Inc. v. Insurance Company of the State of Pennsylvania, the insurance policy at issue was a commercial general liability policy, and the underlying lawsuit was a data breach claim. The court held that the terms “publication” and “privacy” should be construed broadly to trigger the insurer’s duty to defend a policyholder. “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,” the authors observe.
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© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.
Publications
August 5, 2021
In their Insurance Law Update, Jenner & Block Partner Brian S. Scarbrough and Staff Attorney Lena Seung Yun highlight a Fifth Circuit ruling that should prove helpful for policyholders seeking coverage for cybersecurity and data breach risks. In Landry's Inc. v. Insurance Company of the State of Pennsylvania, the insurance policy at issue was a commercial general liability policy, and the underlying lawsuit was a data breach claim. The court held that the terms “publication” and “privacy” should be construed broadly to trigger the insurer’s duty to defend a policyholder. “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,” the authors observe.
Related Attorneys
Related Capabilities
Related Locations
© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.
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