Judges Refuse to Rehear 9/11 Ruling

Judges Refuse to Rehear 9/11 Ruling

NU Online News Service, Dec. 16, 11:44 a.m. EST?A federal appeals court in Manhattan has refused a request by World Trade Center leaseholder Larry Silverstein to reconsider a September ruling that the planes that hit the two towers cannot as a matter of law be considered two separate events.[@@]

A three-judge panel of the U.S. Second Circuit Court of Appeals had ruled in September that a trial is necessary to determine whether the planes that crashed into the towers was one event or two. That trial is scheduled to start on Feb. 9.

A spokesperson at the New York public relations firm Rubenstein Associates, which represents Mr. Silverstein, indicated that the appeals court ruling was not a surprise and that Mr. Silverstein's position would be vindicated at trial.

Mr. Silverstein has contended that the crashes were two separate events, entitling him to collect $7 billion, twice the policy limit of $3.5 billion. Insurers, led by Travelers and Swiss Re, have countered that the crashes were one event and therefore only one policy limit applies.

Michael McNamara, a Swiss Re spokesperson in New York, would say only that "the decision denying Silverstein's request to re-appeal his losses speaks for itself."

Travelers did not respond immediately to a request for comment.