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The Collaborative Clearinghouse for Lawsuits and Other Claims Against ACE Group Insurance Companies

ZURICH AMERICAN INSURANCE COMPANY et al v. SONY CORPORATION OF AMERICA et al

ATTENTION: It is possible that this information may no longer be current and therefore may be inaccurate. The index contains both open and closed cases and is not a complete list of cases in which an ACE Insurance Group company is involved. This information is provided to give interested persons an idea of the issues disputed in the indexed cases. For a full understanding of a case, one should read the rest of the court file, including the response. For the most up-to-date and complete information on a case, visit www.pacer.gov or contact the clerk of the relevant court.

Case Number: 
651982/2011 Search Pacer
ACE Group party(s): 
Opposing Party: 
ZURICH AMERICAN INSURANCE COMPANY and ZURICH INSURANCE COMPANY LTD.
Court Type: 
State
State Court: 
New York.Supreme Court (New York)
Date Filed: 
Jul 20 2011

"28. As a result of the cyber attacks and the criminal hackers’ unauthorized access to and alleged theft of PSN, SOE Network, and SPEI Network customers’ personal identification and financial information, the Sony Defendants have been named as defendants in 55 class action complaints filed in the United States and 3 class action lawsuits instituted in Canada (collectively, “Class Action Complaints”). Attached as Exhibit A is a list of the 58 class action
lawsuits instituted against the Sony Defendants.

29. Four of the Class Action Complaints have been filed in New York federal courts.

30. The Class Action Complaints have been instituted on behalf of the individual named plaintiffs and similarly situated purchasers/customers/users of PlayStation, PSP, PSN, SPEI, and SOE Network.

31. The Class Action Complaints generally allege that the named plaintiffs and putative class members purchased the Sony Defendants’ products, including the PlayStation and PSP.

32. The Class Action Complaints also generally allege that the named plaintiffs and putative class members maintained accounts for the PSN and SOE Network for the purpose of purchasing and downloading games, music, movies and other content to their PlayStation, PSP or other Sony or Sony-compatible devices, as well as to participate in multiplayer online gaming.

33. To create and maintain their accounts for the PSN and SOE Network, the named plaintiffs and putative class members are alleged to have provided the Sony Defendants with their personal identification information, and in some instances financial information

34. The Class Action Complaints generally allege that the named plaintiffs and putative class members have suffered damages as a result of the unauthorized access to and alleged theft of their personal identification and financial information that was maintained by the Sony Defendants on the PSN and SOE Network.

35. The Class Action Complaints also generally allege that the named plaintiffs and putative class members suffered damages as a result of the Sony Defendants’ delay in notifying them of the cyber attack and unauthorized access to and theft of their personal identification and financial information.

36. The Class Action Complaints also generally allege that the named plaintiffs and putative class members suffered damages as a result of the shut down of the PSN and SOE Network following the cyber attacks.

37. Although not uniform in the particular causes of action alleged, the Class Action Complaints generally assert common law claims and federal and state statutory violations against the Sony Defendants.

38. Upon information and belief, the Sony Defendants have also been the subject of investigations conducted by one or more state attorney general’s offices, the Federal Trade Commission, and the House Subcommittee on Commerce, Manufacturing, and Trade relating to the cyber attacks and the criminal hackers’ alleged unauthorized access to and theft of PSN and SEO Network customers’ personal identification and financial information.

39. The Sony Defendants have tendered the Class Action Complaints, miscellaneous claims, and various investigative inquiries to ZAIC and ZIC, and have demanded that ZAIC and ZIC defend and indemnify them for the claims asserted.

40. Upon information and belief, the Sony Defendants have also tendered the Class Action Complaints, miscellaneous claims, and various investigative inquiries to the Defendant Insurers."

The provided text is an excerpt from a document filed in this case. For a full understanding of the case, one should read the complete court file, including the response.

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