More Silverstein Settlements Seem Iffy

By E.E. Mazier

NU Online News Service, Feb. 18, 3:17 p.m. EST?Real estate developer Larry Silverstein's lawyers hope that the recent settlement of World Trade Center terrorist attack claims with two insurers will encourage other insurers "to do the right thing and settle."

But Marc Wolinsky, one of Mr. Silverstein's attorneys at the New York law firm of Wachtell Lipton, Rosen & Katz conceded that he is not that optimistic.

At least "we're $365 million ahead of anybody else," Mr. Wolinsky said of the agreement that treated the two plane crashes, which destroyed the towers, as one incident.

Mr. Silverstein, it was announced, settled his claims on Friday with ACE Bermuda Insurance Ltd. a subsidiary of ACE Limited, and XL Insurance, a Bermuda-based division of XL Capital Ltd.

A spokesperson for Mr. Silverstein pointed out that the position of ACE and XL differed from that of the other WTC insurers in that there was a provision in the ACE and XL binders referring the "WillProp" form submitted by Mr. Silverstein's insurance broker just prior to the Sept. 11 destruction of the WTC by terrorists.

The spokesperson said that the WillProp form contained "unique" language defining "occurrence"

A release from ACE Limited indicated that the settlement was based on "a single occurrence" that comprised "payment of only one policy limit."

ACE Limited also reported that another property coverage dispute with Mr. Silverstein involving ACE Global Markets "is subject to resolution at some time in the future."

Mr. Wolinsky said that his client's legal actions against the other 20 insurers are proceeding. Having taken the position that there were two attacks on the WTC on Sept. 11, Mr. Silverstein seeks a total of about $7 billion from the insurers.

Mr. Wolinsky said that a motion by Mr. Silverstein to have excess insurer Swiss Re post bonds to cover its potential liabilities will be argued on March 8.

He said a summary judgment motion against Travelers will be "fully briefed" by the end of April.

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