Kroeger said the snack giant invested a lot of time and money on restoring the infected computers to factory settings, re-installing software, and making sure that every computer operated normally.
Kroeger also told the jury that this is not the first time the two companies discussed the “hostile and warlike action” policy exclusion. Kroeger said that in 2014, following an incident where a plane was shot down by what was theorized at the time to have been a Russian attack. He said that in 2014, the director of global risk management for Mondelez sent an email to Zurich asking whether Zurich considered the affected area where the plane was shot down as a “war zone?” An executive of Zurich responded by saying it would be “pure conjecture” to determine as much.
In illuminating fashion, Kroeger told the jury “If a missile hitting a plane was not enough to constitute hostile or warlike action, then NotPetya certainly cannot be hostile or warlike action,” Kroeger continued by saying “NotPetya did not involve tanks or missiles. It involved the encryption of computer data.”
