AIG, Chubb Can’t Use ‘Bump-Up’ Provision in D&O Policy to Avoid Coverage

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Late last month the Delaware Supreme Court affirmed a ruling from the state’s Superior Court that the bump-up provision “does not exclude coverage” to Harman International Industries, who was acquired by Samsung Electronics back in 2017 and then sued in a securities class-action lawsuit under allegations that Harman issued a false or misleading proxy statement to get shareholders to vote in favor of the deal at

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