The Silverstein WTC insurance policies and claims were very complicated, involving about 23 insurance companies and many policies. Some of the wording in those policies had not even been finalized at the time of the attacks, which made the court decisions more difficult. The courts decided that some of the insurance clauses DID allow for a double payout under the circumstances. Therefore, although Silverstein's insured amount was about $3.5 billion, he was finally awarded about 4.6 billion.
The $861 million claim on building 7, which was owned, not leased, by Silverstein properties, was promptly paid by Industrial Risk Insurers. What? Hadn't they heard that Silverstein ordered the building to be blown up? Barton Keyes would have sniffed that out in a second!
Yes, that's all correct, Gravy. As set out here:
http://www.internationalskeptics.com/forums/showpost.php?p=1983689&postcount=8
The $3.5 billion coverage was for all four of the buildings under the July 2001 lease (buildings 1, 2, 4 and 5).
The coverage was procured through 23-24 insurance companies.
Two companies - ACE Bermuda and XL Insurance, Ltd. - settled in Feb. 2002, paying a total of
$365 million ($298 million by ACE and $67 by XL)
Three companies - Hartford, Royal Indemnity, and St. Paul Fire - brought motions for summary judgment seeking a declaration that they were subject to the "WilProp" language (which would mean that the terrorist attacks were one occurrence and not two) rather than the Travelers language. They were successful and the decision was upheld on appeal by the Circuit Court in September 2003. These three were subject, therefore, to a maximum liability of
$112 million.
The remaining insurers were split into two groups for jury trials on the question of whether they were subject to the "one occurrence" or "two occurrence" language.
The first trial resulted in a verdict that 10 of those insurers whose liability totalled
$1.9 billion, were subject to the WilProp language and thus their total liability was limited to $1.9 billion (three of the 13 insurers in this group were found to be liable to the "two occurrence" language so were added to the second trial group).
The second trial resulted in a verdict that the remaining insurers were indeed subject to the double occurrence language, so their $1.1 billion in coverage resulted in these insurers being liable for a maximum of
$2.2 billion
Total potential payout, therefore, is capped at
$4,577,000,000 for buildings 1, 2, 4, and 5.
See also here:
http://www.internationalskeptics.com/forums/showpost.php?p=1985777&postcount=13
First jury trial
Verdict April 29, 2004 (no decision re Swiss Reinsurance)
http://www.law.com/jsp/article.jsp?id=1082923373947
http://www.realestatejournal.com/reg...-starkman.html
Swiss Re verdict May 3, 2004:
http://quote.bloomberg.com/apps/news...c&refer=europe
Second jury trial – December 6, 2004 - these insurers subject to double payment re 2 occurrences
http://insuranceletter.com/archives/...sg00007.html#1
In October, TriangleMan posted a link showing the results of Silverstein's appeal of the SwissRe verdict here:
http://www.internationalskeptics.com/forums/showpost.php?p=2015836&postcount=14
(Silverstein lost on appeal, thus the total potential payout remains as set out above at $4.577 billion.)
EDIT TO ADD: that does not mean that he has actually been
paid the total as yet. He has not been. The parties are currently going through a process to assess his
actual losses, as he cannot, of course, collect more than his actual losses. (In this case, however, I am certain that he will ultimately collect the total as it is next to inconceivable that his damages on buildings 1, 2, 4 and 5 could be less than his maximum payout)