NYC 9/11 Public Portal Document
Ism
ace Westchester
specialty group
“Equitable Relief’ means any remedy or relief, including restitution or injunctive relief,
sought in a court with equitable powers.
First, the WSLIC and Illinois Union policies exclude coverage for injuries arising out of
exposure to pollutants. If it is eventually determined that the alleged toxic substance was a
“pollutant”, the WSLIC and Illinois Union policies do not provide coverage.
In addition, the policies do not provide coverage for exposure to asbestos. Thus, if it is
eventually determined that the alleged toxic substance was asbestos, the WSLIC and Illinois
Union policies do not provide coverage.
Finally, due to the limited information provided, Illinois Union and WSLIC reserve their rights
to deny coverage to the Port Authority and any other entity that might tender a request for
coverage based on information not yet available.
Summary:
In sum, Illinois Union, Westchester Fire and Westchester Surplus deny coverage to the Port
Authority and Silverstein for the Ford and Arcese suit under the umbrella policies noted above.
Should you have any information that you wish us to consider in connection with this denial,
kindly forward same to the undersigned.
Please be advised that neither the issuance of this letter nor any conduct or contact should be
construed as a waiver of any coverage defenses discussed above, or of any other coverage
defenses the companies have and of which they are unaware. Thus, Illinois Union, Westchester
Fire and WSLIC continue to reserve any and all rights that they may have under or pursuant to
the policies not mentioned above.
Very truly yours,
Elijah D. Guest
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