“If Merck eventually winning seems like good news for enterprises in similar policy situations, it is — but with a caveat. The vagaries of the policy meant it took five years and litigation to recover a substantial amount of losses, something attorney Marcus Christian, a partner at Mayer Brown’s cyber and data privacy practice, said most enterprises would undoubtedly like to avoid.”
For more on cyber and Acts of War, see the recent announcement from Lloyd’s and this study.
Source: What enterprises should learn from Merck’s $1.4 billion insurance lawsuit