In re World Trade Center Disaster Site Litigation

ORDER AND OPINION REQUIRING CONTINGENT PAYMENTS TO BE PAID TO SETTLING PLAINTIFFS

ALVIN K. HELLERSTEIN, District Judge:

The issue on which I write relates to the City of New York’s obligation, through its insurer, the WTC Captive Insurance Company (“WTC Captive”), to pay Contingent Payments, a category of payments under the parties’ Settlement Process Agreement, As Amended (“SPA”). I hold that five million dollars was due and payable to the settling plaintiffs on January 20, 2012, and that the City and the WTC Captive breached the settlement agreement by failing and refusing to make the payment.