The insurance company claims the hotel's policy does not cover data loss.
The insurance company claims the hotel's policy does not cover data loss.

St. Paul Fire & Marine Insurance has filed a lawsuit asking a Florida judge to formally state that the insurance company is not responsible for paying any costs related to a data breach that took place at Rosen Hotels & Resorts last year.

The lawsuit, filed in the U.S. District Court Middle District of Florida, Orlando Division, is being brought against Rosen Millennium Technology Group, a sister company to the resort with which it shares several key executives, according to the Orlando Sentinel.

St. Paul says in the court documents that Rosen Resorts has been hit with multiple fines totaling $2.4 million from Visa, MasterCard, American Express and others over the point-of-sale data breach that was first reported by Rosen in March 2016. And that the hotel tried to collect use its commercial general liability policy to pay the debts.

In the suit St. Paul's is claiming a data breach and any ensuing losses are outside the scope of the commercial general liability policy and it wants a judgement by the court confirming this stance.

Rosen Hotels has not responded to a request for comment.