P.F. Chang’s China Bistro, Inc. v. Fed. Ins. Co.

Whether it is Russian election hacking or the major data breaches that have made headlines recently, it is difficult to think of a day in recent memory in which we haven’t heard about hacking or data breaches.  In light of this climate, it is no surprise that the market of insurance against cyber risks and data breaches is growing rapidly.  Because of the novelty of cybersecurity insurance policies, there appears to be very little judicial guidance as to what types of losses are covered and what losses may be properly excluded from coverage.  However, the case of P.F. Chang’s China Bistro, Inc. v. Fed. Ins. Co.[1] may provide insight into how courts may address coverage of losses common to data breaches as similar cases are litigated in the future. In 2014, Federal Insurance Company (“Federal”) sold a “CyberSecurity Policy” (“the Policy”) to P.F. Chang’s, parent company, which it marketed as “a flexible…

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