HNRK Coverage Corner
On May 1, 2023, the New Jersey Superior Court, Appellate Division, issued a decision in a closely-watched cyber insurance case, Merck & Co, Inc. v. ACE Am. Ins. Co., Appellate Division Docket No. A-1889-21, A-1882-21. (I spoke to Law360 about the case in January.) Affirming the trial court’s ruling in favor of the policyholder, the appellate court held that an exclusion in an all-risk insurance property insurance policy for damages arising from “hostile or warlike action” by a “government or sovereign power” did not apply to a cyberattack on a private company ...
On December 27, 2022, the Ohio Supreme Court issued a decision in EMOI Servs., LLC. v. Owners Ins. Co., 2022-Ohio-4649 (Ohio 2022), holding that losses resulting from damage to an insured’s software were not covered under the “Electronic Equipment” endorsement of a property insurance policy.
The insured, EMOI Services, is a computer software company whose product “provide[s] medical offices with service and support for setting appointments, record keeping, and billing.” EMOI fell victim to a ransomware attack and was forced to pay a $35,000 ransom in exchange for ...
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- Delaware Bankruptcy Court Rules That Qui Tam Action Filed Under Seal—and Never Served—Triggers D&O Policy’s Prior and Pending Litigation Exclusion
- “Related Acts” and the Claims Made Policy—The Policy Provision that “Cannot Be Applied Literally”
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- HNRK Secures Win for Syngenta in Insurance Coverage Appeal at Delaware Supreme Court
- New York Court Considers Evidence Regarding Insurers Handling of Prior Claims in Denying Insurer’s Motion for Summary Judgment
- HNRK Insurance Recovery Partners Author Article for Chambers 2024 Global Practice Guide
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