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LANDRY'S, INC. v. INSURANCE CO. OF PENNSYLVANIA

No. 19-20430.

4 F.4th 366 (2021)

LANDRY'S, INCORPORATED, as successor in interest to Landry's Management, LP, Plaintiff-Appellant, v. The INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

FILED July 21, 2021.

Attorney(s) appearing for the Case

Micah Ethan Skidmore , Andrew W. Guthrie , Benjamin Lee Mesches , Haynes & Boone, L.L.P., Dallas, TX, for Plaintiff-Appellant.

Laura A. Foggan, Esq. , Crowell & Moring, L.L.P., Washington, DC, Ellen Mary Van Meir , Nicolaides Fink Thorpe Michaelides Sullivan, L.L.P., Mariah Baker Quiroz , Thompson, Coe, Cousins & Irons, L.L.P., Dallas, TX, for Defendant-Appellee.

Before Smith and Oldham, Circuit Judges.

The question presented is whether the Insurance Company of the State of Pennsylvania ("ICSOP") has a duty to defend its insured, Landry's, in data-breach litigation. At summary judgment, the district court said no. We disagree and reverse.

I.

Landry's is a Houston-based company that operates retail...

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