The New York Court of Appeals’ Vigilant Decision: A Welcome Return to Enforcing Insurance Contracts as Written


In a much-anticipated decision, New York’s highest court, the New York Court of Appeals, on June 11, 2013, unanimously rejected a group of insurers’ attempt to invoke purported “public policy” considerations to avoid covering a settlement between a former broker-dealer and clearing firm and the Securities and Exchange Commission (“SEC”). The opinion in J.P. Morgan Securities Inc. v. Vigilant Insurance Co., No. 113 (N.Y. Ct. App. June 11, 2013), is welcome news for policyholders forced to deal with the insurance industry’s increasingly aggressive assertions of purported “public policy” principles to disavow obligations imposed under insurance contracts, especially when seeking coverage for “disgorgement” claims asserted by government authorities and private parties.

Background -

The underlying claims giving rise to the coverage dispute involved allegations that a former broker-dealer and clearing firm (the “Insureds”) improperly facilitated “late trading” and “market timing” on behalf of certain of their customers. The SEC’s investigation into these matters was resolved through an Order pursuant to which the Insureds agreed to...

Please see full alert below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© K&L Gates LLP | Attorney Advertising

Written by:


K&L Gates LLP on:

JD Supra Readers' Choice 2016 Awards
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.