The U.S. Court of Appeals for the Sixth Circuit on Monday upheld a judge’s ruling that insurance companies did not have to cover Home Depot’s defense and settlement costs stemming from a data breach, pointing to an electronic data exclusion provision in their policies.

The Sixth Circuit’s decision noted that Steadfast Insurance Co. and Great American Assurance Co.’s commercial general liability policies precluded coverage of “damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data.”