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Brad Nash Quoted in Law360 on Towers Watson's Bump-Up Appeal   

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07.22.2024

In an appeal filed earlier this month, Towers Watson argued that the Fourth Circuit should reject a lower court finding that applied a so called bump-up exclusion to free the company’s D&O insurers from covering a $54 million settlement for litigation arising from a corporate merger. Bradley Nash spoke with Law360 Insurance Authority about the potential implications of an appellate reversal for policyholders and insurers. Brad explained that “insurers don’t get the benefit of the doubt when it comes to ambiguities in the language,” adding, “they’re the ones that drafted it and know how to write it. If they want to make it clear and broad, they can do that: they’ll pay a price when they’re trying to market the policy. . . . But if they keep it vague, it’s going to be construed in the narrowest way that is reasonable.” Read his full thoughts here.

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