Earlier today the United States Court of Appeals for the Second Circuit affirmed judgments entered by the United States District Court for the Southern District of New York (Hon. Michael B. Mukasey, Chief Judge), following a two-phase jury trial to adjudicate whether the coordinated terrorist attacks of September 11, 2001, constituted one or two "occurrences" under the terms of various insurance contracts. Those judgments included one entered in favor of Simpson Thacher client Swiss Re.
On May 3, 2004, after ten weeks of trial and more than two weeks of jury deliberations, the jury in the World Trade Center case rendered a verdict in favor of Swiss Re. The verdict followed a partial verdict rendered by the same jury on April 29 against three insurers and in favor of six insurers, including a consortium of London insurers and Federal, that together had more than $1 billion worth of coverage. The Second Circuit opinion released today affirms the judgments entered by the trial court following those two jury verdicts.
Last year the National Law Journal named Simpson Thacher's World Trade Center trial victory on behalf of Swiss Re one of the "Top Defense Wins of 2004", citing the work of Simpson Thacher litigation partners Barry R. Ostrager and Mary Kay Vyskocil. In addition, the New York Law Journal ranked the World Trade Center Insurance Coverage Litigation among the "Top Cases of 2004".
Simpson Thacher partners who have been involved in the World Trade Center case include Barry Ostrager, Mary Kay Vyskocil, Chet Kronenberg, Jamie Gamble, Mike Kibler, Joe Tringali, Rob Smit, David Vann, Seth Ribner and Scott Kobak. Associates involved include Michael Garvey, Tyler Robinson, Michael Ledley, Katherine Cleary, Erika Burk, Jill Goldberg, Reynelle Brown, Kimberly Hamm, Gena Hatcher, Nicole Kaplan, Laura Molinari, Beth Roxland, Brandi Rubin, Jeffrey Hall, Suzanne Webb and Stephanie Fleischman. Paralegals involved in the matter include Loretta Washienko, Meghan Cannella, Virginia DeAngelo, Lindsey Dorval, Regis Goodwin, Carrie Kroll, Lea Levy, Marisela Licerio, Andrew McGoey, Tony McMillion, Anika Providence, Jose Ramon, Rick Rosario, Brian Treggs, Jordan Weitz and Steve Wilson.
To read the Second Circuit opinion released earlier today, click on the "Download (PDF)" at the end of this news item.
To read more about Simpson Thacher's involvement with the World Trade Center litigation, see:
NLJ Names Simpson Thacher WTC Victory Among "Top Defense Wins of 2004" (Mar. 28, 2005).
The New York Law Journal Ranks WTC Insurance Coverage Litigation Among "Top Cases of 2004" (Mar. 2, 2005).
Simpson Thacher Victorious on Behalf of Swiss Re in World Trade Center Case (May 4, 2004).
Second Circuit Issues Decision in Swiss Re World Trade Center Litigation (Sep. 30, 2003).