They only have to rebuild the park to the amount of insurance money they receive. Clearly $32 million is not enough money to rebuild the park. Six Flags is doing what they can by suing their insurer for much much more, $175 million. $175 + $32 million comes out to $207 million dollars, which is MORE than it had cost to build the park in the first place. That gives you an idea how badly damaged it is. It's basically totally destroyed. The most Six Flags could do with $32 million is possibly build a waterpark. They could possibly get into an agreement with the city that there's no way they could feasibly rebuild anything when all is said and done. But if they do win this lawsuit, I forsee the city forcing SF to rebuild and possibly Batman returning to the park. But that is a long shot by far.