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Fifth Circuit Finds Defense Duty For Credit Card Data Breach

Reversing a federal district court, the Fifth Circuit Court of Appeals recently applied the Texas eight-corners rule to hold that an insurer had a duty to defend a restaurant chain against claims the chain breached its contract with a credit card processor by not preventing hackers from gaining access to its customers’ private information.
August 25, 2021 Liability Litigation Texas





Circuit Court Holds That The New York Convention Pre-empts State Laws Prohibiting Arbitration of Insurance Disputes

On August 12, 2021, the U.S. Court of Appeals for the Ninth Circuit held that Article II, Section 3, of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (commonly known as the New York Convention), which obligates signatory nations to enforce agreements to arbitrate that fall under the Convention, preempts state insurance laws that preclude the arbitration of insurance disputes and/or prohibit the inclusion of mandatory arbitral provisions in insurance policies.
August 24, 2021 Litigation