Blogs

Does P.F. Chang’s Have Cyber Insurance? Because the GCL Carrier Won’t Pay for Cyber Intrusions

11.11.14

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.

The publications contained in this site do not constitute legal advice. Legal advice can only be given with knowledge of the client's specific facts. By putting these publications on our website we do not intend to create a lawyer-client relationship with the user. Materials may not reflect the most current legal developments, verdicts or settlements. This information should in no way be taken as an indication of future results.

Search Tips:

You may use the wildcard symbol (*) as a root expander.  A search for "anti*" will find not only "anti", but also "anti-trust", "antique", etc.

Entering two terms together in a search field will behave as though an "OR" is being used.  For example, entering "Antique Motorcars" as a Client Name search will find results with either word in the Client Name.

Operators

AND and OR may be used in a search.  Note: they must be capitalized, e.g., "Project AND Finance." 

The + and - sign operators may be used.  The + sign indicates that the term immediately following is required, while the - sign indicates to omit results that contain that term. E.g., "+real -estate" says results must have "real" but not "estate".

To perform an exact phrase search, surround your search phrase with quotation marks.  For example, "Project Finance".

Searches are not case sensitive.

back to top