Travelers has filed a federal lawsuit against Old Republic, alleging the insurer failed to act on additional insured tender requests for over two years.
The lawsuit, filed on March 4, 2026, in the US District Court for the Southern District of New York, pits Travelers Property Casualty Company of America against Old Republic Insurance Company over who owes the primary defense for a premises liability claim tied to a Midtown Manhattan commercial building.
The dispute traces back to a July 7, 2023 incident at 150 East 42nd Street, a commercial condominium. Arlene Delgado alleges she slipped and fell on a wet restroom floor caused by a damaged toilet bowl. She claims traumatic brain injury, post-concussion syndrome, a torn rotator cuff, and lumbar and cervical disc herniations, along with approximately $450,000 in lost earnings. In January 2024, she sued the building's owner, 150 E. 42 Realty LLC, its managing agent Jones Lang Lasalle Americas, Inc. (JLL), and building maintenance contractor Pritchard Industries.
According to Travelers, Pritchard was contractually required under its service agreement to carry commercial general liability coverage and name the building's owner and manager as additional insureds. Old Republic issued that policy to Pritchard, complete with endorsements granting additional insured status and designating the coverage as primary and noncontributory. The service contract further specified that the contractor's policy "shall be the primary coverage for all claims of whatever type and nature and shall not seek contribution from any insurance maintained by the additional insureds."
Travelers, which insures 150 Realty and JLL under a separate policy containing an excess "Other Insurance" provision, says it tendered the defense of both entities to Old Republic — through third-party administrator Gallagher Bassett — in September 2023. It re-tendered in March 2024 and again in November 2025. A letter from Pritchard's counsel arrived in March 2025, according to the court filing, but offered no coverage position for 150 Realty or JLL. Travelers alleges Old Republic has never denied coverage — but has never accepted the tender either.
With no response forthcoming, Travelers says it was forced to step in and defend both entities on its own dime. It is now asking the court to confirm that Old Republic's policy is primary, and for reimbursement of the defense costs it has shouldered.
No determination has been made in the case, and Old Republic's position has not yet been presented to the court.
For the insurance industry, the case is a pointed reminder that the additional insured tender process - routine as it may seem - can become costly litigation when carriers fail to engage. Those managing contractual insurance obligations in commercial real estate should take note.
