Attention subscribers - we have launched a new website! Click here to create your website account for continued access.
Log in Subscribe

A Look at the D&O Policy’s ”Bump-Up” Exclusion (JLL 11/26)

Vol. 63 No. 12

Posted 11/1/26

Following the purchase of one corporation by another, shareholders of the acquired organization frequently bring lawsuits alleging that the purchase price paid by the acquirer — and thus the price received by the acquiree’s shareholders — was too low. In some situations, insureds intentionally negotiate a below-market acquisition price and then allow insurance proceeds paid in response to the inevitable shareholder objection to supplement that price to achieve a fair-market value in the end. “Bump-up” exclusions in D&O liability policies preclude coverage for such losses.

This item is available in full to subscribers.

Please log in to continue

Log in