What Is Modern Warfare? Ninth Circuit Rules War Exclusions Do Not Preclude Coverage for First Party Loss Caused by Hamas Rocket Attacks

On July 12, 2019, the Ninth Circuit Court of Appeals found two “war” exclusions inapplicable, under California law, to a loss caused by 2014 hostilities between Israel and Hamas. Universal Cable Productions, LLC v. Atlantic Specialty Insurance Co., No. 17-56672, 2019 WL 3049034 (July 12, 2019). In doing so, the court overturned the Central District of California’s award of summary judgment in favor of Atlantic Specialty Insurance Company. The parties’ dispute arose out of Atlantic’s refusal to indemnify Universal for costs associated with Universal’s…
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Military Retaliation in the Age of Cyber Warfare

The Obama administration has concluded that the recent Chinese cyberattack on the Office of Personnel Management rises above the level of traditional espionage, and that retaliation is the most suitable response to the theft of 20 million American’s personal information. Exactly what the retaliation may entail and when it will come, however, are open questions. Over the past year, United States government and military computer systems have been compromised by what many believe are foreign governments, including Russian attacks on the White House, State
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