Potomac Law partner Roberta Anderson Sutton is quoted in the Law 360 article "Merck’s War Exclusion Appeal Win May Shift Policy Language." The article discusses the recent New Jersey appellate court ruling in favor of pharmaceutical company Merck, which argued that the language in its property insurance policies covers the company’s losses relating to the 2017 NotPetya cyberattack.
The New Jersey appellate court agreed with Merck and affirmed an earlier trial court’s ruling that their insurance policies’ "hostile/warlike action” exclusion was inapplicable.
Anderson Sutton summarizes in the article: "The overarching takeaway here is that well-established fundamental tenets of insurance contract interpretation and construction have ruled the day," she said. "The insurer clearly bears the burden of establishing that an exclusion applies."