Merck & Co., Inc. et al. v. Ace American Insurance Co. et al.

Case Movement

Case Details

  • Case Status: Pending
  • Docket Number: A-001879-21
  • Category: Privacy


The Plaintiff filed an insurance claim following incursions of malware. The Defendant denied the claim under the rarely-used war exclusion, arguing that the malware that infected the computer systems was a “hostile or warlike action” by a “government,” “military,” or agent of the Russian government.

May 6, 2022

The Restaurant Law Center and several other organizations filed a Brief of Amici Curiae in support of the Plaintiff, arguing that a proper exclusion for denial of the claim would have been a “cyber-related” exclusion, which was not present in the “All-Risk” insurance in question.