Posted April 13, 2016
The Fourth Circuit just affirmed a Virginia district court ruling that Travelers Indemnity Company of America had a duty to defend a class action brought against Portal Healthcare Solutions, LLC under a cyber liability insurance policy providing coverage for the electronic publication of certain materials. The breach allegation of the class action claim in Travelers Indem. Co. of America v. Portal Healthcare Solutions, LLC was that due to a security failure, the wrong security setting was selected on a web access portal allowing normal search engines to scoop up not only the login page as a search result, but also the underlying sub-pages containing medical records. Members of Portal Healthcare used the web access portal to not only log into their account, but also click to review their medical records.