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 for the settlement of...more
6/26/2025
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Appellate Courts ,
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D&O Insurance ,
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Policy Exclusions ,
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Securities Exchange Act ,
Shareholder Litigation
On remand from the U.S. Court of Appeals for the Fourth Circuit, the U.S. District Court for the Eastern District of Virginia, applying Virginia law, has held that a bump-up provision in directors and officers liability...more
The Delaware Supreme Court has held that a professional services exclusion in a D&O policy does not bar coverage for a False Claims Act settlement.
In 2017, a former employee of the insured mortgage loan company brought a...more
A California federal district court has held that a capacity exclusion in a D&O policy did not bar coverage for a claim against insured executives alleged to have taken actions for the benefit of another company because they...more
The Supreme Court of South Dakota has held that a state insurance liquidator’s notice of a claim first made and reported four months after the insolvent insurer’s claims-made policy period had ended was within the policy’s...more
Applying Delaware law, the Delaware Superior Court has held that a bankruptcy trustee’s fraudulent transfer claim constitutes a “Securities Claim” under a D&O policy. Verizon Commc’ns Inc. v. Nat’l Union Fire Ins. Co. of...more