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1
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COMPLAINT
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EXTRACTED KEY WORDS
INSURANCE COURT PLAINTIFFS PARTIES EXCLUSIVE JURISDICTION ARBITRATION DISPUTE YORK BERMUDA INSURERS TERRORIST-RELATED AIRCRAFT CRASHES DEFENDANTS LLC UNITED STATES DISTRICT PROCEEDING RELIEF SOUTHERN DISTRICT OBLIGATIONS AGREEMENT TRAGIC EVENTS SILVERSTEIN LEASEHOLDERS DECLARATORY FEDERAL DECLARATORY JUDGMENTS INSURERS CONTEND INJUNCTIVE RELIEF INJUNCTIVE RELIEF DIRECTING PARTICIPATION ATTORNEYS DECLARATORY JUDGMENTS ACT DECLARING |
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
r_________l__________________I__________------------~-----*---*------* x
WORLD TRADE CENTER PROPERTIES LLC; :
SILVERSTEIN PROPERTIES, INC.; 1 WORLD :
TRADE CENTER LLC; 2 WORLD TRADE CENTER :
LLC; 4 WORLD TRADE CENTER LLC; and .
5 WORLD TRADE CENTER LLC,
Plaintiffs, ;
-v- :
ACE BERMUDA INSURANCE LIMITED and XL :
INSURANCE LTD.,
Defendants.
Plaintiffs (the "Silverstein Parties"), by their undersigned
knowledge as to themselves, and upon information and belief as to all other matters, as follows:
NATURE OF THIS ACTION
1. By this action, plaintiffs seek declaratory
other relief pursuant to the Federal Declaratory Judgments Act, 28 USC. $$ 2201 et seq.,
against defendants ACE Bermuda Insurance Limited ("ACE") and XL Insurance Limited ("XL")
(together, the "Bermuda Insurers") declaring that the dispute between the parties concerning the
insurance obligations of the Bermuda Insurers resulting from the terrorist-related aircraft
of September 11,200 1 is properly a matter within the jurisdiction of this Court, rather than
the Bermuda Insurers contend) subject to arbitration in England, and enjoining the Bermuda
Insurers from proceeding with the English arbitrations they have recently commenced.
2. Putting aside the question whether there are any
agreements between the plaintiffs and the Bermuda Insurers - which itself is a matter in
between the parties - Congress has provided for exclusive jurisdiction for resolution of the
claims between the parties in the United States District Court for the Southern District of
York.
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