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National Ink and Stitch, LLC v. State Auto Property and Casualty Insurance Co.

435 F. Supp. 3d 679 (2020)

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National Ink and Stitch, LLC v. State Auto Property and Casualty Insurance Co.

United States District Court for the District of Maryland
435 F. Supp. 3d 679 (2020)

  • Written by Noah Lewis, JD

Facts

National Ink and Stitch, LLC (National Ink) (plaintiff), a screen-printing and embroidery business, experienced a ransomware attack preventing it from accessing the art and software on its computer server. National Ink made the demanded bitcoin payment, but the attacker did not release the information. The art-related data had to be recreated. National Ink hired a security company to replace and reinstall its software and add protective software. The system ran slowly, and the ransomware virus remnants risked re-infecting the system. National Ink had a business owner’s policy with State Auto Property and Casualty Insurance Company (State Auto) (defendant). The policy provided coverage for “direct physical loss of or damage to” covered property. An endorsement specifically defined covered property to include electronic media and records, software, and stored data. National Ink filed a claim. State Auto denied coverage for the cost of replacing the computer system, so National Ink sued. The parties filed cross-motions for summary judgment disputing whether National Ink experienced “direct physical loss of or damage to” its computer system.

Rule of Law

Issue

Holding and Reasoning (Gallagher, J.)

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