Travelers vs. Old Republic: Lawsuit on Insurance Coverage Responsiveness

Travelers Property Casualty Company of America has initiated a lawsuit against Old Republic Insurance Company, claiming that Old Republic failed to respond to insured requests in a timely manner. The legal action, filed on March 4, 2026, in the U.S. District Court for the Southern District of New York, revolves around the primary defense responsibility in a premises liability case involving a commercial property in Midtown Manhattan.

The dispute stems from an incident on July 7, 2023, at 150 East 42nd Street, where Arlene Delgado allegedly slipped on a restroom floor wet from a leaking toilet. Delgado claims she suffered a traumatic brain injury and filed a lawsuit in January 2024 against the building owner, 150 E. 42 Realty LLC, its managing agent, Jones Lang Lasalle Americas, Inc. (JLL), and maintenance contractor, Pritchard Industries.

According to Travelers, Pritchard was contractually obligated to obtain commercial general liability insurance naming the building owner and manager as additional insureds. Old Republic issued this policy, which included endorsements reflecting its primary and noncontributory nature. The agreement stipulated that the contractor’s insurance would serve as the primary coverage without involving contributions from the additional insureds’ policies.

Travelers, covering 150 Realty and JLL under a different policy with an excess "Other Insurance" clause, asserts that it made several defense requests to Old Republic beginning in September 2023. Despite follow-ups, including in March 2024 and November 2025, Old Republic has neither confirmed nor denied coverage. Pritchard's legal response in March 2025 did not address coverage for 150 Realty or JLL.

As a result, Travelers assumed the responsibility to defend the entities, incurring significant expenses. They are now seeking judicial confirmation that Old Republic's policy should be primary and are requesting reimbursement for defense costs incurred. This case highlights the critical nature of prompt handling of additional insured tenders to prevent costly litigation and financial exposure in commercial real estate insurance management.