84 Lumber is taking Cincinnati Insurance to court, claiming the insurer left it high and dry during a costly construction dispute in Baltimore.
On August 1, 2025, 84 Lumber Company filed a lawsuit in the US District Court for the Western District of Pennsylvania against Cincinnati Insurance Company and Home Construction Services, Inc. The case centers on a familiar pain point for many in the insurance industry: who’s really on the hook when things go wrong on a big project?
Here’s what’s at stake. Back in 2007, 84 Lumber and Home Construction Services (HCS) signed a deal for HCS to handle framing and door installation on a Baltimore development called Key’s Overlook Community. As part of the agreement, HCS had to add 84 Lumber as an extra insured on its commercial general liability policy from Cincinnati Insurance. HCS also promised to defend and cover 84 Lumber if any claims popped up because of its work.
Fast forward to August 2022, and Beazer Homes - the general contractor on the project - launched arbitration against 84 Lumber and another subcontractor. Beazer said it started getting complaints in 2019 about sagging headers, cracked brick, and water stains around garage doors. The finger was pointed at shoddy sliding glass door installation and bad deck flashing, work that HCS had done for 84 Lumber.
With legal trouble brewing, 84 Lumber says it did what any smart business would do: it told Cincinnati Insurance about the potential lawsuit in November 2020 and asked the insurer to step in, investigate, and cover its defense. According to the complaint, Cincinnati Insurance never responded. That left 84 Lumber footing its own legal bills as the arbitration moved forward.
Now, 84 Lumber wants the court to declare that Cincinnati Insurance is on the hook for its defense and any payouts that might come from the arbitration. The company is also seeking damages for breach of contract and what it calls bad faith by the insurer. The complaint points out that the insurance policy required Cincinnati to defend and indemnify 84 Lumber as an additional insured for claims tied to HCS’s work.
The lawsuit spells out that 84 Lumber has already spent significant money on legal fees and expects more costs as the arbitration continues. The company is asking for more than $75,000, plus interest and attorney fees.
It’s important to note that the details outlined here reflect the claims made by 84 Lumber in its August 1, 2025 filing. No court has weighed in yet. But for insurance professionals, this case is a clear reminder of how disputes over coverage and defense can get expensive - and public - when big projects and big players are involved.
For those in the business, the case highlights the importance of clear contracts, timely communication, and making sure everyone knows who’s responsible when claims arise. As the legal process unfolds, many in the industry will be watching to see how the court interprets the obligations of insurers when it comes to additional insureds and construction claims.
The outcome is still to be determined, but the case is already sparking conversations about risk, responsibility, and the real-world impact of insurance policy language in the construction world.
