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2 insurers deny blocking rebuilding of ground zero.


Insurer, Allianz, has defended its refusal to hand over the estimated $850 million Deutsche Bank Deutsche Bank AG (IPA: /'dɔɪ.tʃə/[1]) (ISIN: DE0005140008, NYSE: DB) (English: German Bank  claims it is due for having to rebuild its 130 Liberty Street property.

In court last week, the insurer denied it was holding up the rebuilding of ground zero and accused Deutsche Bank of exploiting the Sept. 11 attacks for its own gain.

Last month, Deutsche Bank, filed a lawsuit against two insurance carriers, Allianz and AXA AXA Anguilla, Anguilla (Airport Code)
AXA Alpha Chi Alpha
AXA Animal Crossing Ahead (online forum community/guide to the game Animal Crossing)
AXA Auxiliary Artery
. Deutsche wanted to demolish de·mol·ish  
tr.v. de·mol·ished, de·mol·ish·ing, de·mol·ish·es
1. To tear down completely; raze.

2. To do away with completely; put an end to.

3.
 the building that was damaged in the attacks, saying it was too contaminated contaminated,
v 1. made radioactive by the addition of small quantities of radioactive material.
2. made contaminated by adding infective or radiographic materials.
3. an infective surface or object.
 to be re-occupied.

In it's August 11 court complaint, the bank accused the two insurance companies of holding up the development of the World Trade Center by not agreeing to pay half of the $1.7 billion that the bank is seeking in damages. Two other insurers have already paid $1 billion.

Allianz denied the bank's claims in court August 25.

"Deutsche Bank's motion for an early trial setting is an attempt to mislead mis·lead  
tr.v. mis·led , mis·lead·ing, mis·leads
1. To lead in the wrong direction.

2. To lead into error of thought or action, especially by intentionally deceiving. See Synonyms at deceive.
 both the court and the public into believing that Allianz is standing in the way of progress in the ground zero redevelopment project," said Brant brant or brant goose, common name for a species of wild sea goose. The American brant, Branta bernicla, breeds in the Arctic and winters along the Atlantic coast.  A. Sorenson, senior vice president of claims for Allianz Insurance Company, in a prepared statement dated August 26. "Nothing could be further from the truth."

Allianz claims that the building can be sold without a resolution to the insurance settlement. The building could be sold at market value if the state used its eminent domain eminent domain, the right of a government to force the owner of private property sell it if it is needed for a public use. The right is based on the doctrine that a sovereign state has dominion over all lands and buildings within its borders, which has its origins in  powers or a negotiated deal, in which it could then buy the property.

"Allianz does not have the power or the desire to impede im·pede  
tr.v. im·ped·ed, im·ped·ing, im·pedes
To retard or obstruct the progress of. See Synonyms at hinder1.



[Latin imped
 in any way the redevelopment of ground zero or the inclusion of 130 Liberty Street in that redevelopment project," said Sorenson's statement.

"If it is important to include this property in the World Trade Center site, there is no reason why the demolition of the 130 Liberty Street must await the outcome of the insurance settlement."

The insurer also claims Deutsche Bank is seeking an "inflated settlement" and that the building can be reoccupied and renovated. The court papers said that the bank "repeatedly mis-characterizes the nature of the dispute with A.I.C. and AXA in a cynical attempt to leverage the lingering lin·ger  
v. lin·gered, lin·ger·ing, lin·gers

v.intr.
1. To be slow in leaving, especially out of reluctance; tarry. See Synonyms at stay1.

2.
 image of Sept. 11 into more dollars from its insurers."

Allianz also, asked the court to set aside the Deutsche Bank's request for an expedited trial because the insurers have invoked a clause in their contracts that permits disputes over value of damage to be settled through an appraisal conducted by a three-member panel.

"Allianz believes that an independent appraisal of the evidence by a panel of three industry experts will expedite the resolution of the dispute," said the statement. "If Deutsche Bank is truly interested in resolving the dispute quickly, it should promptly select a third party appraiser A person selected or appointed by a competent authority or an interested party to evaluate the financial worth of property.

Appraisers are frequently appointed in probate and condemnation proceedings and are also used by banks and real estate concerns to determine the market
."

Deutsche Bank representatives refused to comment, but pointed to paragraphs in its complaint.

"Plaintiff's investigation of the structural and contamination damage to the Building--which involved teams of engineers, environmental scientists and other consultants,--has cost approximately $33 million to date and generated enormous volumes of information documenting the contamination and physical damage sustained," states the complaint.

"All of this data pointed to one conclusion, and the Plaintiff's experts' ultimate recommendation was unequivocal: the damage to the building resulting from the events of September 11 is of such magnitude and extent that the only reasonably feasible solution is to stabilize, surgically tear down, demolish and replace the building."
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Title Annotation:Deutsche Bank filed a lawsuit against two insurance carriers, Allianz and AXA
Author:Nelson, Barbara
Publication:Real Estate Weekly
Geographic Code:4EUGE
Date:Sep 3, 2003
Words:577
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