Fero v. Excellus Health Plan, Inc.

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK MATTHEW FERO, et al., DECISION AND ORDER Plaintiffs, v. 6:15-cv-06569 EAW EXCELLUS HEALTH PLAN, INC., et al., Defendants. INTRODUCTION This putative class action arises out of a data breach where hackers gained access to defendant Excellus Health Plan, Inc.’s (“Excellus”) computer network and the personal information stored therein. Plaintiffs are individuals whose personal information was stored on Excellus’s computer network at the time of the data breach. They assert claims of negligence, negligence per se, breach of contract and of…