Delaware Supreme Court Affirms D&O Coverage in Merger Settlement Despite ‘Bump-Up’ Exclusion

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Risk & Insurance - Feb 12, 2026

Court rules insurers failed to prove settlement represented effective increase in deal consideration, reinforcing high burden on carriers to invoke exclusions in D&O policies. The post Delaware Supreme Court Affirms D&O Coverage in Merger Settlement Despite ‘Bump-Up’ Exclusion...

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