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Fourth Circuit Finds Potential Coverage For Data Leak As Publication Under CGL Policy

data leak

This week, a Fourth Circuit panel in an unpublished decision validated arguments long made by policyholders:  that commercial general liability policies may provide coverage for certain data breach liabilities.  In this case, Travelers Indemnity Company v. Portal Healthcare Solutions, the appellate court affirmed the district court’s 2014 ruling that an insurer had the duty to defend a company that provides electronic medical record management services in a class action alleging that the company made patients’ confidential records publicly accessible by posting the records to an unsecured public website.

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