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Amicus Library

Data Breach/Cyber Liability
Merck & Co, Inc. et al v. ACE American Insurance Company, et al
Year: 2022
Court: New Jersey Appellate Division
Case Number: AM-253-21
Issue:
  • Data Breach/Cyber Liability
State:
  • New Jersey

In its amicus curiae brief, UP addresses whether a standard-form “war exclusion” found in many all-risks insurance policies precludes coverage for damages related to cyber-attacks. UP’s brief argues that applying the “war exclusion” to cyber attacks unrelated to conventional warfare does not comport with the industry’s…

Zurich American Ins. Co. v. Sony
Year: 2015
Court: New York Appellate Division, Manhattan
Case Number: 651982/11
Issue:
  • Contract Interpretation
  • Data Breach/Cyber Liability
State:
  • New York

Insurance coverage for data breach should be available under a commercial general liability policy’s “publication” provision. Under New York law, coverage should be available for situations where the insured is alleged to have intentionally published material and when it negligently permits a third party to…

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