Plaintiffs’ Claims Against Insurer Reinstated In Data Breach Class Action

Mealey's (January 24, 2018, 2:09 PM EST) -- ROCHESTER, N.Y. — In light of a Second Circuit U.S. Court of Appeals ruling and newly submitted evidence suggesting potential criminal misuse of policyholders’ personally identifiable information (PII), which was stolen in a breach of their insurer’s network, a New York federal judge on Jan. 19 found that sufficient allegations of injury from the risk of future identity theft merited reconsideration of her previous decision to dismiss claims brought by some of the plaintiffs in a putative class action against the insurer (Matthew Fero, et al. v. Excellus Health Plan Inc., et al., No. 6:15-cv-06569, W.D. N.Y., 2018 U.S. Dist. LEXIS 8999)....