Publications

Litigation Partner Josh Polster and Associate Charlotte McCary authored an article titled “4^th Circ. Ruling Continues Trend of Insurer Bump-Up Wins,” which was published in Law360. The article discusses how courts applying bump-up exclusions must grapple with new questions as forms of corporate transactions continue to evolve, and in particular, how courts have recently considered whether the term "acquisition" as used in a bump-up exclusion encompasses reverse triangular mergers. It further explores the recent Fourth Circuit ruling in Towers Watson & Co. v. National Union Fire Insurance Co., in which the Court held that a reverse triangular merger was an "acquisition" within the meaning of a bump-up exclusion, and other recent rulings that may indicate an emerging consensus by courts to apply bump-up exclusions to a variety of transactions, even those that may not technically be acquisitions as a matter of corporate law.

To read the full article, please click here (subscription required).