World Trade Centre leaseholder Larry Silverstein won a legal victory yesterday when a US judge denied a motion by German insurer Allianz AG to make only one payment for the 11 September attacks.
In the case, Silverstein is battling with 20 other insurers, over whether the attacks represented one event for insurance purposes.
If the judge rules it was one attack, Silverstein would be entitled to around $3.5bn (£2.2bn). However Silverstein is hoping the judge rules it represented two events, in which case he would be entitled to about $7bn (£4.4bn).
Allianz had argued that it should only have to pay one claim because its contract with Silverstein said in cases of "malicious mischief" any losses within would warrant one claim.
The judge said that under US law, interpretation of an insurance policy is governed by how a "reasonably intelligent business person" would understand the policy.
On this basis, he said it would be inappropriate to see the attacks as mere "mischief".
He said: "Since the attack on the World Trade Centre resulted in an even greater loss of life and property than the raid on Pearl Harbour, it is equally inappropriate to describe that attack as an act of malicious mischief or vandalism."
A jury trial involving all of Silverstein's insurers was scheduled for last November, but has now been postponed while Silverstein pursues several appeals.
