En Banc Review Of D&O Coverage Dispute Is Warranted, Insured Tells 4th Circuit

Mealey's (May 25, 2023, 1:46 PM EDT) -- RICHMOND, Va. — An insured filed a petition in the Fourth Circuit U.S. Court of Appeals 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, challenging the panel’s holding that the lower court “adopted an unduly narrow reading” of the exclusion....