Merck settles $1.4 billion cyberattack case against insurers


However, the appellate court found in May that 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.”

“The exclusion does not state the policy precluded coverage for damages arising out of a government action motivated by ill will,” it found.

The court’s stance has proved somewhat controversial among the insurance and legal communities.

The original decision, on which the appellate court ruled last May, had been criticized by Kennedys partners Joshua Mooney and Julia Selby as looking “backward to a century past”.

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