First Commonwealth Bank’s insurance company could still be on the hook for covering a $3.5 million loss after a Russian hacker got access to an energy company executive’s account information.

U.S. Magistrate Judge Maureen P. Kelly of the Western District of Pennsylvania rejected the motion to dismiss filed by St. Paul Mercury Insurance Co. in response to the bank’s breach of contract claim filed after the insurance company declined to reimburse the lost money.

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