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