JD Supra

Fourth Circuit: “Bump-Up” Exclusion Applies When Settlement Seeks to Cure Harms Associated with Undisclosed Conflict of Interest During Merger Transaction

The United States Court of Appeals for the Fourth Circuit, applying Virginia law, has affirmed a district court’s ruling that a “bump-up” provision in a D&O policy applied to bar indemnity coverage ...
JD Supra

Delaware Court Rejects Application of D&O Policy's "Bump-Up" Exclusion to Securities Claim Settlement

In a significant victory for policyholders, the Delaware Superior Court rejected three insurers' attempts to apply their Directors and Officers Liability ("D&O") policies' so-called "bump-up" ...
Law

Fourth Circuit Upholds Bump-Up Exclusion in Towers Watson Insurance Case

Fourth Circuit Upholds Bump-Up Exclusion in Towers Watson Insurance Case The Fourth Circuit ruled that Towers Watson’s insurance claim for shareholder settlement costs from the 2016 merger was barred ...
The National Law Review

Delaware Supreme Court Rejects “Bump-Up” Exclusion, Affirms $28 Million D&O Coverage for M&A Litigation

We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up for any (or all) of our 25+ Newsletters. Some states have laws and ethical rules regarding solicitation and ...