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SR International Business Insurance Co. Ltd. v. World Trade Center Properties LLC

Insurance company's pre-Sept. 11 policies were not in variance with its intent.

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Judge Martin

SR INTERNATIONAL BUSINESS INSURANCE CO. LTD. v. WORLD TRADE CENTER PROPERTIES LLC— Allianz Insurance Company (“Allianz”) moves for partial summary judgment declaring that its obligation to the Silverstein Parties is governed by the terms of the policies it issued on August 10, 2001. 1 In a separate motion, it argues that it is entitled to summary judgment that under the “occurrence” definition in its policy, the September 11, 2001 terrorist attack on the World Trade Center (“WTC”) was one occurrence. The Silverstein Parties oppose both motions contending that the policies were issued by mistake and were not in conformity with the terms on which the coverage was bound and, even if the policy definition of “occurrence” applies, there were two occurrences.

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