Halprin in HealthcareInfoSecurity: Insurers Drop Bid to Exclude Merck's $1.4B NotPetya Claims

Haynes and Boone, LLP Partner Peter Halprin was quoted in a HealthcareInfoSecurity article and joined a podcast with Information Security Media Group regarding a settlement that has been reached between Merck & Co. and several insurers following a 2023 court decision saying the insurance companies could not invoke "hostile warlike action" exclusions in refusing to pay drugmakers' claims filed after the 2017 NotPetya cyberattack.

"The settlement is likely to leave intact the appellate court ruling, affirming the trial court's decision, that the hostile/warlike exclusion does not apply to Merck's losses," he said.

"Given the strong precedent established by the appellate court, the insurers likely decided that their chances of success on appeal did not merit a further fight. With this precedent intact, insurers will have to accept that courts are unlikely to be receptive to arguments that similarly worded exclusions apply to cyberattacks."

To read the full article from HealthcareInfoSecurity, click here.
To listen to the podcast with Information Security Media Group, click here.