4th Circuit Refuses To Review D&O Coverage Dispute Arising From $90M Settlement

Mealey's (June 7, 2023, 2:20 PM EDT) -- RICHMOND, Va. — The Fourth Circuit U.S. Court of Appeals on June 6 denied an insured’s petition seeking en banc review of the panel’s opinion earlier in May that vacated and remanded a lower federal court’s ruling that a “bump-up” exclusion does not unambiguously preclude directors and officers liability insurance coverage for the $90 million settlement of two underlying lawsuits arising from a 2015 merger, standing by its holding that the lower court “adopted an unduly narrow reading” of the exclusion....