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Law360 Insurance Authority

Calfee Insurance Coverage Senior Counsel Tae Andrews was quoted in the June 5, 2025, Law360 Insurance Authority article, “4th Circ. Towers Watson Ruling Not Final Word On Bump-Ups,” which analyzes the Fourth Circuit’s recent decision on policy “bump‑up” provisions and its broader implications for insurers and policyholders.

In the article written by Abraham Gross and Hope Patti, Tae explains that while the Fourth Circuit upheld that insurers must adjust policy limits in line with increased exposure, the court did not foreclose future challenges. He stresses that this ruling reinforces the need for insurers and policyholders to closely examine policy language before assuming finality. It also highlights how appellate precedent may open the door for additional legal challenges in other jurisdictions. Finally, it underscores the importance of timing. Policyholders should stay alert to developments and consider whether further appeals or filings may still be possible.

Tae said that this case demonstrated a trend of federal courts appearing less sympathetic to policyholders, noting how the Virginia court and Fourth Circuit repeatedly sided with insurers on key elements of the bump-up exclusion.

Read the full Law360 Insurance Authority article.

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Calfee’s Policyholder Insurance Coverage practice group has helped its clients manage and protect nearly $2 billion in insurance assets in recent years. The team serves corporate insurance policyholder clients in Ohio and nationwide, helping to manage and minimize the risks, losses, and liabilities that pose threats to clients. Calfee’s Insurance Coverage attorneys provide advisory and claims services, assisting clients with the placement and enhancement of their insurance policies, reviews of their existing policies, shaping and pursuing claims to get losses paid by their insurance companies, negotiating resolutions to disputed insurance claims, litigating coverage lawsuits against their insurers, and finding solutions for insurance coverage issues in corporate M&A deals. The team has experience with a wide array of policy types, from newer products such as cyber and M&A representations and warranties insurance, to more traditional policy forms such as commercial general liability (CGL), umbrella, excess, property, D&O, professional liability, and EPL policies, to more specialized policies such as builder’s risk, liquor, and aviation. Calfee's Insurance practice is ranked by Chambers USA 2024 in Band 1 in Insurance: Policyholder law in Ohio.

Calfee, Halter & Griswold LLP is a full-service corporate law firm with 160 attorneys and professionals in five offices in Cleveland, Columbus, Cincinnati, Indianapolis, and Washington, D.C. Calfee serves clients in the Midwest USA, nationally and globally in the areas of Corporate and Finance, Employee Benefits and Executive Compensation, Energy and Utilities, Estate and Succession Planning and Administration, Government Relations and Legislation, Intellectual Property, Investment Management Law, Labor and Employment, Litigation, and Real Estate Law. Calfee has been recognized as a leading law firm by Chambers USA 2025 in Antitrust, Banking & Finance, Construction, Corporate/M&A, Employee Benefits & Executive Compensation, Energy & Natural Resources, Environment, Government Relations, Insurance, Intellectual Property, Investment Funds: Regulatory & Compliance, Labor & Employment, Litigation: General Commercial, Litigation: White-Collar Crime & Government Investigations, and Real Estate, and by Chambers HNW 2024 in Private Wealth Law. A founding member of Lex Mundi, Calfee offers international representation through a network of independent law firms with access to 22,000 attorneys located in more than 125 countries. Additional information is available at Calfee.com. 

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