M&A Rulings Provide Guidance On 'Bump-Up' Claim Coverage

By Robin Cohen and Orrie Levy (November 18, 2021, 3:32 PM EST) -- M&A activity has surged in 2021, totaling an unprecedented $4.3 trillion in activity in the first nine months of the year.[1] Some estimates suggest that total M&A activity could hit a record $6 trillion by the end of this year.[2]

This uptick in M&A activity is likely to be followed by an increase in litigation, such as shareholder derivative lawsuits, appraisal actions, class actions and lawsuits asserting violations of securities laws.

It is therefore critical that companies assess whether their insurance programs are structured to appropriately cover losses arising from M&A transactions. Specifically, many insurance policies include a so-called bump-up exclusion,...

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