Trade Center Trial Going To Jury

By Michael Ha

NU Online News Service, Nov. 15, 8:43 p.m. EST?The jury hearing evidence in the latest World Trade Center claims dispute trial is due to begin their deliberations beginning tomorrow. [@@]

The case?which pits World Trade Center site leaseholder Larry Silverstein against nine of his carriers? began with opening statements from both sides on Oct. 18.

The nine insurers in the WTC trial round two?Allianz, Gulf, Industrial Risk Insurers, Royal Specialty, TIG, Travelers, Tokio Fire and Marine, Twin City, and Zurich American?provided a little less than one-third (about $1.132 billion) of the $3.55 billion in total per-occurrence WTC property coverage.

In Phase Two, the crux of the issue is the same as in the first trial. Mr. Silverstein's contends that the terrorist destruction of the Twin Towers on Sept. 11, 2001 involved two separate planes crashing into two towers at distinctively different times and the event should be interpreted as two separate insured events. (The overall WTC property coverage was limited to $3.55 billion per event.

Using Mr. Silverstein's two-event theory, the insurance payout would ideally have been double.)

Of the nine insurers represented in this second round, three?Royal Specialty, Zurich American and Twin City?are involved in Phase Two because they lost in the Phase One trial when jurors found these carriers were not bound by what has been referred to as the Willis Property form("WilProp") for coverage.

The majority of carriers in the first trial were judged to have been bound by the WilProp form which limited their exposure to a single event interpretation.

During testimony jurors have heard from a variety of witnesses, including various experts including a structural engineer, Matthys Levy and insurance consultant Jeffrey McKinley.

The panel has also heard testimony from insurance executives who participated in securing the World Trade Center property coverage. These witnesses included:

? Anthony Steffa, who in 2001 was an Allianz underwriter with responsibility for the WTC coverage placement;

? Richard Boulds, who was responsible for finding Industrial Risk Insurers' coverage on the Twin Towers and other WTC buildings;

? John Kovach, the underwriter for Gulf Insurance Company on the WTC placement;

? Barbara Groves, the underwriter for TIG Insurance Company on the WTC placement;

? James Coyle, underwriter and a regional vice-president in the excess department for the national accounts property unit of Travelers;

? Jack Schwartz, the underwriter who bound Twin City Fire Insurance Company on the WTC placement;

? Douglas Johnson, the underwriter for Royal Specialty on the WTC placement in 2001

The jurors have also heard during the trial from executives at Willis brokerage firm, which was retained by Silverstein Properties in 2001 to place insurance on the World Trade Center. These witnesses included Suzanne Douglass, managing director of the property practice at Willis, and Timothy Crowley, the account executive for the World Trade Center placement, as well as Timothy Boyd, who in 2001 was assistant vice president at Willis North America.

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