ELI Insurance Law SIG Held its Seventh Transatlantic Lecture on Insurance in Times of War


The lecture was first in its ‘Insurance in Times of War: Selected Issues’ series, entitled ‘War & Cyber Exclusions’.

After a short introduction by Helmut Heiss (Professor, University of Zurich), Jeffrey W Stempel, (Professor, University of Nevada Las Vegas) and Erik S Knutsen (Professor, Queen’s University Kingston ON), talked about ‘The Combative War Exclusion: A Short History, Overview, and Look to the Future.’ Prof Stempel started with the question of why the war exclusion clause exists and gave a brief historical outline of the origin of the clause. His presentation is available here. Prof Knutsen went on to the question of what future war exclusions have. He concluded that in future it will be difficult to define what a war is: is, for example, a cyber attack a war?

In the second speech Lorelie S Masters (Partner, Hunton Andrews Kurth LLP, Washington, DC) gave an analysis of ‘The Merck-AIG-Malware Case’. She introduced the background of the Merck Trial Court Decision and continued with the key points of the case. The second case presented by Ms Masters was ‘Mondelez Complaint’. She ended by outlining common war exclusions. Her presentation is available here.

Celso De Azevedo, Partner, Thomas Cooper LLP, London, proceeded to give insights into ‘LMA Cyber Exclusion Clauses’.

Finally, Prof Christoph Brömmelmeyer opened a short discussion and subsequently thanked the speakers and the audience for the participation.

For further details, please see the program.

The recording of the lecture is available below.