X-Industry

The Superior Court of New Jersey Appellate Division recently upheld a lower court’s finding that the war exclusion in a property insurance policy did not preclude coverage for Merck’s claim stemming from a 2017 cyberattack.  The decision is appropriately heralded as a huge win for policyholders and affirms New Jersey’s longstanding history of protecting policyholders’ reasonable expectations.[1]  

Insurance policies typically contain some form of a war exclusion, which generally bars coverage on

If you have ever sat and read an entire insurance policy, you are fully aware of the use of specific words and definitions and how the words apply to the coverage.  The definition of “war” and “cyber-war” are at issue.  Property policies' war exclusions were designed to apply to any type of nation-state attack, including cyber events, insurers told a New Jersey appellate panel on 8 February in a battle over whether Merck has coverage for $1.4 billion in losses stemming from the 2017 NotPetya cyb