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" exclusion to bar coverage for...more
1/15/2025
/ Acquisition Agreements ,
Commercial Insurance Policies ,
Contract Terms ,
Corporate Governance ,
D&O Insurance ,
Delaware ,
Insurance Litigation ,
Merger Agreements ,
Policy Exclusions ,
Securities Litigation ,
Securities Regulation ,
Settlement
Introduction -
Cryptocurrency, such as Bitcoin, is a decentralized and exclusively virtual currency that is secured through cryptography. Companies using or investing in cryptocurrency face various risks, such as market...more
Reversing the New York Appellate Division, First Department, the New York Court of Appeals, in a 6–1 landmark decision, held that a $140 million disgorgement payment is an insured "loss," after a long history of insurance...more
12/3/2021
/ Bear Sterns ,
Denial of Insurance Coverage ,
Disgorgement ,
E&O Insurance ,
Insurance Claims ,
Insurance Litigation ,
Liability Insurance ,
Loss Coverage ,
Penalties ,
Securities and Exchange Commission (SEC) ,
Securities Violations ,
Settlement Agreements ,
Wrongful Acts
Directors and Officers Liability ("D&O") insurers often attempt to rely on so-called "bump-up" exclusions in their policies as a categorical bar to the indemnification of claims arising from mergers and acquisitions entered...more