Cincinnati Insurance has taken legal action against another insurance company, Southwest Marine and General Insurance, over a workers’ death claim. The Cincinnati Insurance Company filed a lawsuit on February 11, 2026, in the US District Court for the Eastern District of New York. They want the court to confirm that Southwest Marine, not Cincinnati, should be responsible for defending and covering two companies involved in a wrongful death case.
The case dates back to April 14, 2023. Noe Diaz Gamez, who worked for Elite Roofing Services, died while working on a roof. After his death, his estate sued two companies, Allied Maker LLC and Charlie & Sidney LLC, accusing them of negligence and violations of New York Labor Law. They sought damages exceeding two million dollars.
Preferred Exterior Industries, the subcontractor on the project, had a contract with AMW Development Corp. that required them to carry insurance protecting the general contractor, owner, and tenant from claims tied to the subcontractor’s work. This insurance was supposed to be "primary and non-contributory," and Charlie & Sidney (owner) and Allied Maker (tenant) were added as insureds on Southwest’s policy covering Preferred Exterior.
Cincinnati carried its own insurance policy for Allied Maker, matching the limits of Southwest’s policy. Cincinnati accepted the claim and hired lawyers to defend Allied Maker and Charlie & Sidney. However, Cincinnati says Southwest never responded to multiple requests to defend the two companies.
According to the court filing, Allied Maker informed Preferred Exterior about the claim in September 2023. Southwest responded but did not accept the defense. Additional notices were sent to Southwest in December 2023, December 2024, and December 2025, but Southwest remained silent. Cincinnati argues that Southwest ignored its responsibilities under the insurance agreement.
Now, Cincinnati wants the court to declare that Southwest must take on the primary duty to defend and cover both Allied Maker and Charlie & Sidney. Cincinnati is also seeking reimbursement for all the defense costs it has paid so far.
This dispute highlights a key issue faced by construction insurance professionals. The system relies on each insurer stepping up when called upon, especially under additional insured and primary/non-contributory insurance clauses. When one insurer stays silent, others have to pick up the pieces, often leading to costly legal battles like this one.