A Pasich Attorney Discusses Merck Cyberattack Ruling and Future of War Clause Exclusions with Business Insurance

The Merck & Co. v. Ace American Insurance Co. ruling, which addresses the issue of cyber-related loss under a property policy, is expected to be influential regarding the application of war exclusions. Merck was seeking coverage for damages sustained in the 2017 NotPetya attack, and the New Jersey Superior Court held that the war clause exclusion did not apply.

Based on the Court’s decision, a Pasich attorney told Business Insurance, “I assume the carriers will be looking to introduce new exclusions going forward.”

View the full Business Insurance article here.

Read their additional commentary on the Merck decision and war exclusions in New York Law Journal and Law360.