A recent lawsuit by Travelers “that it is not obligated to defend or indemnify P.F. Chang’s under Commercial General Liability [GCL] insurance policies issued by Travelers.” Travelers alleged that among things P.F. Chang’s has “separate cyber liability insurance policy that Travelers did not issue” in its Declaratory Judgment Complaint filed on October 2, 2014 in the US District Court in Connecticut.
My friend Judy Greenwald reported in BusinessInsurance.com:
According to litigation filed against the restaurant chain, a breach occurred that involved seven million customer credit and debit cards began on Sept. 18, 2013, although P.F. Chang’s was not notified of it until June 10, 2014. One lawsuit has been filed in Washington and two in Illinois, according to the Travelers litigation, The Travelers Indemnity Company of Connecticut vs. P.F. Chang’s China Bistro Inc.
The litigation against the restaurant chain, which was filed in June and July and seeks class action status, accuses P.F. Chang’s of failure to prevent the breach, and states it could have been prevented. Charges against the chain include breach of implied contract.
It will be interesting to follow this case to see how the Court views the CGL coverage.