The issue in this case, Deutsche Bank also noted in its court papers, is "how long New Yorkers will have to suffer with this unfortunate remnant of a national tragedy."

In explaining damages to the building, Deutsche Bank noted that in addition to a 15-story gash in its facade when the WTC towers collapsed, tornado-force winds from the falling towers sent asbestos and other hazardous contaminants throughout the building, making it impossible to safely repair.

And more dust entered the building, Deutsche Bank alleged, during the WTC-site cleanup effort, which distributed more asbestos, lead, mercury, PCBs and other contaminants.

Deutsche Bank is asking the New York State Supreme Court in Manhattan to declare that the building cannot be repaired and order Allianz and AXA to cover their part of the costs related to the building's replacement. Deutsche Bank also noted that two other insurers, Zurich and Chubb, have already settled and agreed that the building should be torn down.

But Sabia Schwarzer, a spokeswoman for Allianz, told National Underwriter that there is no adequate proof of loss to show that the building is contaminated beyond repair.

"Allianz has been maintaining that all other surrounding buildings that were contaminated from the same source?the dust from the World Trade Center coming down?have been cleaned up and are now up and running and are populated," said Ms. Schwarzer.

"The Environmental Protection Agency has also done some independent studies of lower Manhattan--although not specifically of the Deutsche Bank building--that the dust isn't a health hazard and can be cleaned up," she added.

The main difference in position, Ms. Schwarzer noted, is that Deutsche Bank is saying the building is a total loss, while Allianz thinks the building can be cleaned up and repaired.