Tag Archive for: scope

Silent cyber coverage here to stay? New Jersey Appellate Court rejects insurers’ attempt to expand scope of the war exclusions to cyber claims

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The War and Hostile Action Exclusions have been standard exclusions in property and general liability policies for decades. With the rise of cyber claims, insurers have turned to these exclusions to deny coverage where the bad actor may have governmental roots. In a win for policyholders, the New Jersey Appellate Division rejected the insurers’ attempt to deny coverage and held that the hostile/warlike action exclusion did not apply to non-military, cyber-attack claims. See Merck & Co. v. ACE American Insurance Co.1 This ruling affirms the traditional scope of these exclusions and establishes that coverage under a commercial property policy for property damage caused by cyber-related incidents, colloquially known as “silent cyber” coverage, persists.

Merck & Co. v. ACE American Insurance Co.

On June 27, 2017, New Jersey pharmaceutical company, Merck & Co. (“Merck”), suffered a cyber-attack that left thousands of Merck’s computers damaged and encrypted by the malware known as NotPetya. The malware caused large-scale disruption to Merck’s business, resulting in $699,475,000 in losses. Although the exact origin of the malware was unknown, it was believed to have originated from the Russian Federation.

Merck tendered the claim to its all-risk property insurance carriers. The insurers reserved their right to deny coverage pursuant to hostile/warlike action exclusions and then subsequently denied coverage. Specifically, these exclusions exclude coverage for “loss or damage caused by hostile or warlike action” which was caused by “any government or sovereign power . . . or by military, naval or air forces . . . or by an agent of such government . . . .”2 The insurers argued that the word “hostile” should be broadly read to mean any antagonistic, unfriendly, or adverse action by a government or sovereign power, including the Russian Federation. Rejecting the insurers’ argument, the trial court held that the hostile/warlike action exclusions were inapplicable to the NotPetya related claims. The insurers appealed.

The New Jersey Court of Appeals Narrowly Construed the Hostile/Warlike Action Exclusion

On appeal, the Court looked to the plain and ordinary…

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Cyber Security Software Market Growth Factors 2023|Global Opportunities & Scope 2031

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Who is the largest manufacturer of Cyber Security Software Market worldwide?

Fortinet Inc.
Trend Micro Inc.
Palo Alto Networks
Dell Root 9B
CyberArk Software Ltd.
Herjavec
…

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U of M investigating data breach; scope of hack still unclear

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U of M investigating data breach; scope of hack still unclear

The University of Minnesota has been investigating a potentially significant data breach for the past month, a spokesperson confirmed on Tuesday.

It’s the third major public institution in the Twin Cities to be targeted with suspicious activity recently. Minneapolis Public Schools and the Minnesota Department of Education were recently attacked by hackers, exposing thousands of Minnesotans’ data.

The University of Minnesota has been working with law enforcement and has notified state and federal officials about the alleged breach since officials first learned just over a month ago “that an unauthorized party claimed to possess sensitive data allegedly taken from the university’s systems,” spokesperson Jake Ricker said in a statement.

The university immediately started investigating and hired digital forensics professionals to figure out if the hacker’s claims were true and to secure the school’s computer systems, according to Ricker.

It wasn’t until late Tuesday afternoon that a similar notice went out to students, faculty and staff.

Officials have not said how they were alerted to the possible breach, only saying officials learned about it on July 21.

On that same day, news site The Cyber Express wrote about the alleged hacker’s claims, including that they gained unauthorized access to 7 million or more Social Security numbers from digitized records dating back to 1989.

Responding to questions from 5 EYEWITNESS NEWS, Ricker said, “We are aware of the claims and are working to verify if any or all of the claims made might be true.”

“The preliminary assessment is that the data at issue is from 2021 and earlier,” the initial statement read.

After a call from 5 EYEWITNESS NEWS, Computer Forensic Services Chief Technology Officer Mark Lanterman checked out the hacker’s claims for himself.

“He hasn’t shared proof that he actually did this. Now, based on the university’s statements, I believe that he did,” Lanterman said in an interview Tuesday afternoon. “It’s not credit card information. It’s our personal information. And then just with the sheer volume of 7 million, this is a…

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Scope of attack still unclear

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Three weeks after Dallas was hit with a ransomware attack, city officials still haven’t publicly explained the full scope of the breach or the city’s progress toward restoration.

The ransomware attack hit May 3 and though some functions, like filing a complaint to 311 through the city’s app or residents paying their water bill online, have returned, other functions are still impacted.

The city libraries are still not able to process returned books, the police department isn’t able to access some data, and the municipal court is unable to hold hearings or process payments for citations.

“Progress is continuing with focus on public safety and public-facing services, and as departments’ service is restored it will be shared via city channels,” city spokeswoman Jenna Carpenter told The Dallas Morning News on Wednesday.

The impacts have also included City Council meetings where the government body has been unable to use the electronic voting system when deciding on agenda items. The City Council met in closed session Wednesday for at least the fourth time since the May 3 cyberattack with information technology officials to discuss the city’s network security and other issues related to the incident.

The city in mid May said it could take several more weeks or months to fully restore the system from the ransomware attack, which includes reviewing and cleaning servers and devices to make sure they are safe to use. Ransomware is often used to extort money from organizations by threatening to block access to files or release confidential information unless money is paid.

City officials have declined to say if the city has been issued any ransom or to release specific details related to the attack, citing an ongoing criminal investigation involving the FBI.

The city said several servers were compromised with ransomware early May 3 and that it intentionally took others offline to prevent the bad software from spreading. During a May 8 city council committee meeting, Chief Information Officer Bill Zielinski said the city put in preventative measures that helped limit the effect of the ransomware attack, but city officials haven’t elaborated on what those were.

Royal, the hacker…

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