Zurich ‘War Exclusion’ Lawsuit Remains in Limbo as Judge Rules in Similar Case
January 28, 2022 | Alan S. Rutkin | |A possible precedent-setting $100 million lawsuit over Zurich American’s use of the rarely applied war exclusion to deny coverage remains in legal limbo, court documents show — even as a judge ruled in early January against an insurer in a similar case.
Attorneys for Mondelez and Zurich American, which was sued over its denying the snack manufacturer coverage when Mondelez’s computer systems were corrupted by the 2017 NotPetya cyberattack, are waiting for the judge to schedule oral arguments in the four-year-old Illinois case. The case remains at a standstill just as a New Jersey Superior Court has ruled in favor of pharmaceuticals company Merck Inc. and its captive insurer in a summary judgment against a Chubb Ltd. affiliate and other defendants related to the NotPetya attack (BestWire, Jan. 17, 2022).
This article appeared in Best’s Insurance News.