What the above article doesn't mention, is that the Traveler's policy was issued 3 days AFTER September 11th. Silverstein then attempted to say the Swiss RE's policy was a form following policy and the Traveler's policy conditions (with no occurance definition) would apply.
Swiss Re's binder was not finalized because they had concerns with issuing a following form policy when no underlying policy was yet inplace. Swiss Re was only offering coverage if their policy's own described conditions applied.
It sure looks to me like Mr. Silverstien is involved in some shady business.
This info comes from from Swiss RE's letter of request for a DJA. The PDF file can be found here:
http://insurance.about.com/gi/dynami...cmpt102201.pdf