Merck Cyberattack Damages Don't Fall Within Policy Exclusion for 'Hostile/Warlike Action,' Appellate Division Rules

"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," stated Judge Heidi Willis Currier. "The exclusion does not state the policy precluded coverage for damages arising out of a government action motivated by ill will."