Partial Trade Center Verdict Favors Insurers
By Michael Ha
NU Online News Service, April 29, 5:20 p.m. EDT?A federal jury in Manhattan, deliberating on the World Trade Center insurance coverage dispute, delivered a partial verdict this afternoon that for the most part went against Twin Towers leaseholder Larry Silverstein's contention that his multi-billion dollar policy covered twice what insurers said it was worth.[@@]
The 11-member jury, one member was excused for personal reasons, did not rule in its partial verdict on the insurance agreement with Swiss Reinsurance Company, the insurer which had largest share of coverage. Monday they are due to resume deliberating the financial fate of the insurer with the biggest exposure in the case.
Insurers in the case contended the extent of their coverage of the World Trade Center was limited by a Willis brokerage "Wilprop" form, which defines the terrorists' Sept. 11, 2001 toppling of the Twin Towers with two airliners as one event worth $3.55 billion in coverage. Mr. Silverstein's attorneys argued that a Travelers form applied that would provide some $7 billion for two compensible claims.
The jury, on the seventh day of its deliberation, found that the insurers on trial that are bound by the Willis "Wilprop" form (along with the dollar amounts of their policies using a single-occurrence basis) include:
? Lloyd's of London underwriters, $662.8 million.
? Federal Insurance Company, $254.3 million.
? Employers Insurance of Wausau, $64.9 million.
? Great Lakes Reinsurance, PLC, $35 million.
? Wurttembergische Versicherung AG, $16 million.
? QBE International Insurance Ltd., $12.5 million.
? Lexington Insurance, $5 million.
? Copenhagen Reinsurance Co. Ltd., $4 million.
? Houston Casualty Company, $2.4 million.
The jury found that the following companies are not bound by Wilprop with one event amounts:
? Royal Specialty Underwriting, $178 million.
? Zurich American Insurance Co., $45.7 million.
? Twin City Fire Insurance Company, $2.5 million.
These carriers--along with Travelers and a few other insurers--will face an additional trial over whether the terrorist attack was one or two events, legal sources said.
The Swiss Reinsurance Company has $778.1 million in coverage under the Wilprop form. U.S. District Court Judge Michael Mukasey decided to accept the jurors' partial findings and to send them back for deliberations Monday.
In their notes, jurors indicated that they had spent a majority of their time debating Swiss Re's portion of the coverage without success. "We have focused efforts on this one insurer for the majority of the last five days with great diligence, but, in spite of our best efforts, have not been able to reach a unanimous decision," the jury said in a note to the court.
"This trial involved a great investment of time, effort and expenditure," the judge told the jurors. "If you fail to reach a verdict, this case will have to be tried again as to Swiss Re and that will only serve to increase the cost to both sides.''
The insurers in the trial had not signed final policy documents before terrorists took down the towers on Sept. 11, 2001.
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