There is no judicial precedent regarding "hostile/warlike" exclusions, but the New Jersey Supreme Court has consistently required insurers to speak in plain language before enforcing an exclusion. The court found that in Merck's case, coverage would only be excluded if "we stretched the meaning of 'hostile' to its outer limit in a cyberattack when the culprit was a non-combatant firm fully outside the context of any armed conflict or military object." Credit: Den Rise/Shutterstock.com
The demand and growth of cyber insurance reflects the havoc wreaked by hacks, data breaches and phishing attempts, which have become bolder because cybersecurity extorting businesses has proved lucrative. The first reported appellate decision was recently approved for publication.
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