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Del. 'Bump-Up' Rulings Muddy Policyholders' High Court Win
August 13, 2026 - Law360 Pulse
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Recent Delaware Superior Court decisions addressing D&O policy bump-up exclusions and shareholder settlements involving alleged underpayment in acquisition transactions have drawn attention following the Delaware Supreme Court’s January ruling in Harman International Industries v. Illinois National Insurance.
Partner Steven Burgess Davis, co-chair of the firm’s insurance and reinsurance practice, discussed with Law360 the decisions and the unique factual record in Harman.
