“Malware” and “Ransomware” recently have entered the public lexicon and consciousness, though many people still do not understand what they are or how they differ. “Malware” is shorthand for malicious software and generally refers to any software that is designed to infect a computer with malicious intentions. Viruses, worms, adware, bots, spyware, wipers, Trojan horses, etc. are all types of malware.
In Starr Surplus Lines Insurance Company v. Mountaire Farms Inc., 2018 WL 3676839 (D. Me. Aug. 2, 2018) (applying Maine law), the U.S. District Court for the District of Maine dismissed an insurer’s subrogation action for failure to state a claim upon which relief may be granted, in a case involving raw chicken products “contaminated” with Salmonella.
A notification rings and the insured sees an urgent email from its spice supplier. The email states, in bold capital letters: ”RECALL! Spices Contaminated With Salmonella.” Panic ensues when the insured realizes that these spices have been incorporated into the insured’s tomato sauce, several large batches of which have already been shipped to hundreds of the insured’s customers. Some product goes directly to store shelves at the insured’s retail customers, but many of the insured’s customers incorporate the insured’s tomato sauce into their own products, such as pizzas and lasagnas.