• Data Security, Third-Party Privacy Claims, and Insurance Coverage Under CGL “Personal and Advertising Injury” Coverage
  • March 3, 2010 | Authors: John E. Iole; Kevin D. Lyles
  • Law Firms: Jones Day - Pittsburgh Office; Jones Day - Columbus Office
  • Personal and advertising injury coverage appears in standard commercial general liability (“CGL”) policies. Even though courts have been hostile to invasion of privacy claims based on data security breaches, such claims frequently are filed and are not always dismissed at an early stage. Particularly for companies that do not have specialized data security coverage, CGL coverage might provide a basis for the payment of defense costs and, if necessary, indemnity in response to such third-party claims.