Cyber-insurance shock: Zurich refuses to foot NotPetya ransomware clean-up bill – and claims it's 'an act of war'

Snack company client disagrees, sues for $100m


US snack food giant Mondelez is suing its insurance company for $100m after its claim for cleaning up a massive NotPetya ransomware infection was rejected – for being "an act of war" and therefore not covered under its policy.

Zurich American Insurance Company has refused to pay out on a Mondelez policy that explicitly stated it covered "all risks of physical loss or damage" as well as "physical loss or damage to electronic data, programs, or software, including loss or damage caused by the malicious introduction of a machine code or instruction."

The claim stems from the 2017 NotPetya cyberattack: a Windows-based piece of ransomware that encrypted a hard drive's file system table and prevented the system from booting. The code then demanded that a Bitcoin payment be made to regain access. Mondelez says it lost 1,700 servers and 24,000 laptops as a result of the malware.

Security experts – and the UK government – have pinned the blame for NotPetya on Russian hackers trying to damage the Ukrainian government, but the Russian government has formally denied any responsibility.

Insurance companies would probably have to shell out over $80bn as a result of the attack, warned one survey – more than 2012's Hurricane Sandy. Shipping giant Maersk said it had lost $300m as a result of the ransomware; FedEx said it has lost the same.

So, it's a no from us

After reviewing Mondelez's $100m claim, Zurich did what all insurance companies do and investigated with an eye to reducing the payout.

But despite offering an initial payment of $10m, the company then rejected the claim altogether claiming an exclusion for "hostile or warlike action in time of peace or war" by a "government or sovereign power."

In effect, it argued that the losses had been suffered through a Russian government hostile action – an act of war.

That is a very unusual position to take – Mondelez called it "unprecedented" in court papers – since the insurance company will be obliged to prove that it was in fact the Russian government that had carried out the attack as a hostile action. It is notoriously difficult to pin cyberattacks on specific groups, governments or organizations.

If Zurich does succeed in arguing in case in court and wins, it would have an immediate impact, causing all large companies to review their policies and most likely creating a new market in cyberattack insurance almost overnight. The case, lodged in Illinois court (2018-L-011008) is being watched keenly as a result. ®


Other stories you might like

  • Red Hat Kubernetes security report finds people are the problem
    Puny human brains baffled by K8s complexity, leading to blunder fears

    Kubernetes, despite being widely regarded as an important technology by IT leaders, continues to pose problems for those deploying it. And the problem, apparently, is us.

    The open source container orchestration software, being used or evaluated by 96 per cent of organizations surveyed [PDF] last year by the Cloud Native Computing Foundation, has a reputation for complexity.

    Witness the sarcasm: "Kubernetes is so easy to use that a company devoted solely to troubleshooting issues with it has raised $67 million," quipped Corey Quinn, chief cloud economist at IT consultancy The Duckbill Group, in a Twitter post on Monday referencing investment in a startup called Komodor. And the consequences of the software's complication can be seen in the difficulties reported by those using it.

    Continue reading
  • Infosys skips government meeting – and collecting government taxes
    Tax portal wobbles, again

    Services giant Infosys has had a difficult week, with one of its flagship projects wobbling and India's government continuing to pressure it over labor practices.

    The wobbly projext is India's portal for filing Goods and Services Tax returns. According to India's Central Board of Indirect Taxes and Customs (CBIC), the IT services giant reported a "technical glitch" that meant auto-populated forms weren't ready for taxpayers. The company was directed to fix it and CBIC was faced with extending due dates for tax payments.

    Continue reading
  • Google keeps legacy G Suite alive and free for personal use
    Phew!

    Google has quietly dropped its demand that users of its free G Suite legacy edition cough up to continue enjoying custom email domains and cloudy productivity tools.

    This story starts in 2006 with the launch of “Google Apps for Your Domain”, a bundle of services that included email, a calendar, Google Talk, and a website building tool. Beta users were offered the service at no cost, complete with the ability to use a custom domain if users let Google handle their MX record.

    The service evolved over the years and added more services, and in 2020 Google rebranded its online productivity offering as “Workspace”. Beta users got most of the updated offerings at no cost.

    Continue reading

Biting the hand that feeds IT © 1998–2022