Scott Seaman Reviews the Latest Ruling on the “Bump-Up” Exclusion for Law360
In The News | 1 min read
Mar 18, 2024
Scott Seaman provided commentary in Law360 Insurance Authority, discussing the impact of a Virginia federal court's decision to free an insurer from covering $90 million in shareholder suit settlements. This ruling supported carriers in their use of the "bump-up" exclusion in D&O policies and has caused many policyholders to argue the exclusion has gone too far. The exclusion bars coverage for a settlement that represents an effective increase in the price or consideration for an acquisition.
Seaman said:
"The Fourth Circuit's decision in the Towers Watson case and the instant decision by Judge Trenga on remand represent an important victory for D&O insurers and for the 'bump-up' exclusion, which has been 'bumped around' in some other decisions."
He noted that the ruling applied broadly to Section 14 claims and was decided under Virginia law rather than under Delaware law, the home of incorporations.
Policyholders may see greater gains in the market than through the courts due to these recent changes in the insurance industry that have led to better premiums and policy terms. According to Seaman, one method of leveraging such market power is choosing policies with different terms, adding that there are many alternative phrases for bump-up exclusions in the market.
Read the full article (subscription required).
"Towers Watson Ruling Energizes Bump Up Supporters, Critics" was published by Law360 Insurance Authority on March 14, 2024.
Related People
Featured Insights

Consumer Crossroads: Where Financial Services and Litigation Intersect
Jul 30, 2026
Should Text Messages be Considered “Calls” Under the TCPA? The Seventh Circuit Says No

Healthcare Alert
Jul 30, 2026
California Courts Sharply Curtail the MICRA Damages Cap in Nursing Home Litigation

Insights for Insurers Alert
Jul 30, 2026
Analyzing a Couple of Cases Involving Exclusions in D&O Policies

In The News
Jul 29, 2026
Hinshaw Authors Contribute Two Articles in Latest Edition of the CCFL Quarterly Report

Webinar
Jul 28, 2026
Cathy Mulrow-Peattie and Sabrina Janeiro Present on Legal AI Technology

In The News
Jul 27, 2026
Scott Seaman Discusses How the Insurance Industry Contributed to the 2026 FIFA World Cup

Privacy, Cyber & AI Decoded Alert
Jul 27, 2026
Compliance Guidance for the New Vermont Data Privacy and Online Surveillance Act (VDPOSA)

Healthcare Alert
Jul 24, 2026
Q&A: Right to Electronic Monitoring Extended to Illinois Assisted and Shared Living Facilities

Press Release
Jul 23, 2026
Insurance Partner Christophe Burusco Joins Hinshaw in Los Angeles

In The News
Jul 16, 2026
Jennifer Driscoll Anticipates Epic Battle Between “Titans of the Antitrust Bar”

Press Release
Jul 15, 2026
Two Hinshaw Partners Recognized in Minnesota Monthly's 2026 Top Lawyers in Minnesota


