Hunton Retail Law Resource

We recently posted an article on Hunton’s Insurance Recovery Blog about a new Illinois Appellate Court decision that offers concrete direction for retail policyholders evaluating their exposure under the Illinois Biometric Information Privacy Act (BIPA).  

If your company has been impacted by today’s network outage issues, know that insurance may be able to help. Many, but not all, cyber and technology errors and omissions (“Tech E&O”) insurance policies include broad dependent business interruption coverage for losses caused by system failures of a company or vendor on which you rely to operate your business.

We recently posted an article on Hunton’s Insurance Recovery Blog regarding the recent system outages worldwide. Companies should review their insurance policies to determine whether they may provide coverage for lost business income due to the outage. For more information click here.

Update: On May 1, 2023, the New Jersey appeals court affirmed the trial court's decision that a war exclusion did not bar $1.4 billion in coverage for Merck’s losses stemming from the NotPetya attack.

On June 27, 2017, the skies over New Jersey were clear and the ground steady. But Merck & Co., a New Jersey-based pharmaceutical company, was under attack. Malware ripped through its computers, damaging 40,000 of them and causing over $1.4 billion in losses.

Merck was not the sole target.^[1] Dubbed “NotPetya,” the virus tore through the US economy,^[2] and did an estimated $10 billion in damage. The US Department of Justice charged six Russian nationals, alleged officers of Russia’s Intelligence Directorate (the GRU), for their roles in the NotPetya attack, among others. The attackers’ goal, according to the DOJ, was: