November 02, 2021

In this Update, Partner Brian S. Scarbrough and Associate Catherine L. Doyle examine a recent ruling from the Eastern District of Virginia. Favorable to policyholders, the decision adopted a narrow, strict construction of a “bump-up” exclusion in a directors’ and officers’ liability policy. The authors observe that the ruling demonstrates the robust application of interpretive principles useful to policyholders in a broader array of coverage disputes.