WTCP's insurance coverage consisted of a primary layer and 11 excess layers.
On appeal, WTCP argued that a form issued by Travelers Indemnity Company on September 14 should have controlled because Travelers was WTCP's lead insurer, and the following insurers, including Hartford, Royal Indemnity and St.
At the conclusion of a trial on that issue, the jury found that the insurers that did not use the WilProp form must compensate WTCP on a "two occurrence basis." 23 The Second Circuit affirmed.
The 96 wrongful death plaintiffs collectively sought approximately $1 billion million in compensatory damages; the WTCP Plaintiffs sought $13.7 billion in uninsured losses; the Subrogated Plaintiffs sought $5.5 billion; and businesses that did not have enough, or in some instances any, insurance to cover their losses, collectively sought another $6 billion.
Certain ground plaintiffs also sought to recover from WTCP for alleged negligence in failing to safely design and construct the WTC Complex to provide safe escape routes, adequate fire control measures, and an emergency management plan.
26 WTCP argued that it did not owe a duty to protect occupants of the WTC Complex against injury from hijacked aircraft, and that even if it did, the terrorists' actions broke the chain of causation.
Next, the District Court addressed WTCP's motion to dismiss, which argued that WTCP owed no duty to anticipate events without precedent.
71 WTCP's claim against United was based on United's alleged responsibility for security screening at the single checkpoint at the Portland Jetport.
Judge Alvin Hellerstein limited the value of WTCP's destroyed property to $2.805 billion, the price WTCP paid for the leases.
The defendants denied they were negligent, and said the case should not go to trial because WTCP has recovered $4.091 billion from insurance companies.
Judge Hellerstein said at this stage he could not reasonably determine the defendants' claim that insurance payments received by WTCP covered the damages the company is seeking from them.