©NicoElNino – stock.adobe.com Merck Cyberattack Damages Don't Fall Within Policy Exclusion for 'Hostile/Warlike Action,' Appellate Division Rules
"The exclusion of damages caused by hostile or warlike action by a government or sovereign power in times of war or peace requires the involvement of military action," Judge Heidi Willis Currier wrote. "The exclusion does not state the policy precluded coverage for damages arising out of a government action motivated by ill will."
May 01, 2023 at 02:44 PM
4 minute read
Cybersecurity
The original version of this story was published on New Jersey Law Journal
In a published opinion, the New Jersey Appellate Division concluded that an insurance policy exclusion for "hostile/warlike action" did not include a cyberattack on a nonmilitary company, regardless of whether that attack was from a private actor or a government or sovereign power.
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