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The Implications of the Merck Appeal – A Pasich Attorney Discusses with Cybersecurity Dive

Aug. 01, 2023

The New Jersey Supreme Court has agreed to review the legal fight between Merck and several of its insurers involving $1.4 billion in claims stemming from the 2017 NotPetya cyberattack. A New Jersey appellate court previously upheld a lower court ruling in favor of Merck, which filed suit against the insurers after they attempted to use war exclusion language to deny coverage related to the attacks.

In an interview with Cybersecurity Dive, a Pasich attorney said he sees no reason for the court to overturn the lower court rulings.

“The trial and appellate courts reiterated key insurance policy interpretation principles, including the importance of all risk coverage, the breadth of coverage provisions and the narrow construction of exclusionary language. The message so far is that insurers have to draft clear and unambiguous excursions and that courts will not rewrite exclusionary language.”

Read the full article here.


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