In what’s been heralded as a major win for insurance policy holders, a New Jersey appellate court upheld a January 2022 ruling in favor of Merck and ordered its insurance carrier to help cover losses the pharmaceutical giant suffered during the 2017 global NotPetya cyberattack. The Superior Court of New Jersey Appellate Division judge upheld an earlier judgment against Ace American Insurance, finding the insurers didn’t demonstrate the cyberattack was hostile or warlike, as required by the exclusion clauses of Merck’s policy.
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