Judge rejects insurer's claim Sept. 11 attack was 'vandalism'

NEW YORK -- A federal judge Wednesday rejected an insurance company's effort to classify the Sept. 11 attack that toppled the World Trade Center's twin towers as vandalism so it could be considered one incident, rather than two.

U.S. District Judge John Martin said it could be argued that the attack fit the dictionary definition of "malicious mischief" and "vandalism," but that it is unlikely anyone would describe it that way.

He said a jury should ultimately decide, for insurance purposes, how many attacks occurred at the 110-story buildings.

Allianz Insurance Co., one of more than 20 companies that insured the buildings, had argued that its World Trade Center policy makes clear the terrorism must be considered a single attack even though two planes brought down the towers. The companies say that would mean a claim by the trade center's leaseholder, Silverstein Properties, would be capped at $3.5 billion.

Silverstein contends the trade center suffered two attacks and estimates its losses at $8.2 billion, of which Allianz would be responsible for $432 million. Howard Rubenstein, a spokesman for Silverstein, said he was pleased with the ruling.

In a statement, Allianz said it was confident a jury will conclude that the terrorist attack was a single occurrence.