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Conflicts of Interest › Policy Terms › Insurance Litigation

Wiley Rein LLP

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

Wiley Rein LLP on

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

Bradley Arant Boult Cummings LLP

Fifth Circuit Holds that Insurer’s Payment to Insured’s Independent Counsel Erodes Policy Limits

Bradley Arant Boult Cummings LLP on

A recent Fifth Circuit case highlights the potential risks of purchasing a defense-within-limits policy: If an insurer is obligated to hire independent counsel due to a conflict of interest, that counsel’s fees may erode your...more

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