Fourth Circuit: “Bump-Up” Exclusion Applies When Settlement Seeks to Cure Harms Associated with Undisclosed Conflict of Interest During Merger Transaction
JD Supra: Mergers
JUNE 26, 2025
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 various underlying shareholder actions involving allegations of undisclosed conflicts of interest in connection with a merger.
Let's personalize your content