Draft outline for asbestos project monitoring contract, May 2002

NYC 9/11 Public Portal Document

ace Westchester specialty group

cleanup work from the September 11^^ disaster. They allege that while so employed, they were exposed to toxic and hazardous materials and were not provided with the proper protection to prevent the inhalation of toxic substances. They allege that they sustained injuries arising from the exposure to the hazardous substances at the work site. The suit names, as defendants, the Port Authority and Silverstein, among numerous other defendants.

The claim was tendered under policies CUN689250 issued by Westchester Surplus Lines Insurance Company, effective December 10, 2001 to December 10, 2002, and CUN716348, issued by Illinois Insurance Company, effective December 10, 2002 to December 10, 2003. Each policy was issued as excess to a primary policy issued by Admiral Insurance Company (“Admiral”), which had limits of $1 million per occurrence, $2 million in the aggregate. The WSLIC and Illinois Union policies name “Silverstein Properties” as the named insured.

Due to the significance of the claims, an investigation was undertaken to locate other policies. The only other policy that was located was policy CUN689986, issued by Westchester Fire Insurance Company, effective May 20, 2002 to November 20, 2005, with limits of $10 million, excess of a primary policy issued by National Union in the amount of $2 million per occurrence with a $4 million aggregate. This policy names as the named insured “7 World Trade Center Wrap Up, c/o Silverstein Properties”.'

1. Policy CUN 689986, effective May 20,2002 to November 20,2005

As noted above, policy CUN 689986 is an umbrella policy which names, as the named insured, “7 World Trade Center Wrap Up c/o Silverstein Properties”. The policy is a wrap up policy, limited to the construction project at 7 World Trade Center, via the following endorsement:

Wrap Up Coverage Endorsement

It is hereby agreed that Contractors Limitation Endorsement (M06 10-90), Section I., Item B is deleted.

It is further agreed the coverage afforded by this policy for liability arising out of any project insured under a wrap up or similar plan shall apply as excess coverage of any

’ Westchester Fire high excess policy HXS648098 (7/15/01-02) issued to Silverstein Properties was also located. This policy provided limits of $25 million excess $75 million and follows the terms and conditions of the policy to which it follows form. The policy does not contain a defense obligation. Westchester Fire reserves its rights to deny coverage under this policy, upon receipt of the underlying policy to which it follows form.

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