NEW YORK CITY-This past Tuesday was the date originally set for the start of the long-awaited World Trade Center terrorism insurance trial. But that date has come and gone with lawyers for both sides locked in debate over how to proceed–and both sides pointing fingers at the other for gumming up the process.

Papers obtained by GlobeSt.com reveal that attorneys for World Trade Center master leaseholder Larry Silverstein filed for an “expedited appeal” on Oct. 30. That appeal was based on the earlier court rulingin favor of the so-called “one-occurrence” claim by various WTC insurers. That ruling came from Federal District Judge John Martin. It has been Silverstein’s claim that the Sept. 11, 2001 destruction of the World Trade Center was actually two separate events, a claim that, if ultimately accepted by the courts, would double his insurance check–from roughly $3.5 billion to $7 billion.

But attorneys for Swiss Re and other Silverstein insurers last week filed their opposition to the appeal, based on a number of issues. Not the least of these issues is that the original ruling focused on three insurers who, according to Swiss Re law firm Simpson Thatcher & Bartlett, “collectively account for just 3% of the total program.” In its argument, Simpson Thatcher argues that “allowing a piecemeal appeal . . . would prejudice all non-moving insurers–which comprise [the bulk] of Silverstein’s coverage.”

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