Travelers has taken Old Republic to court, accusing the insurer of ignoring requests for coverage for more than two years. The lawsuit, filed on March 4, 2026, in New York’s Southern District Court, centers on who should pay for the defense costs in a legal claim linked to a commercial building in Midtown Manhattan.
The case goes back to an incident on July 7, 2023, at 150 East 42nd Street. Arlene Delgado says she slipped on a wet restroom floor caused by a broken toilet. She suffered serious injuries, including a brain injury, torn shoulder muscle, and disc herniations in her back and neck. She also claims to have lost about $450,000 in earnings. Delgado sued the building’s owner, its management company Jones Lang Lasalle Americas, and the building’s maintenance contractor, Pritchard Industries, in January 2024.
Pritchard was required by contract to have liability insurance that named the building owner and manager as additional insureds. Old Republic provided that policy. It included endorsements stating the coverage was primary and that Old Republic’s policy would not seek any contribution from other insurance carried by the additional insureds. The contract was clear: Pritchard’s insurance should be the first to respond to claims like this one.
Travelers insures the building owner and manager under a different policy that only provides excess coverage. Travelers says it reached out to Old Republic in September 2023 through Gallagher Bassett, a third-party administrator, asking them to defend the owner and manager in Delgado’s lawsuit. It made follow-up requests in March 2024 and November 2025. Old Republic’s response came only in March 2025, and it did not decide if it would cover the owner or manager. Travelers claims Old Republic never accepted or rejected the defense tender.
Because Old Republic didn’t step up, Travelers says it had no choice but to defend the owner and manager itself, paying for it out of pocket. Now, Travelers wants the court to confirm that Old Republic’s policy is the primary coverage and to reimburse its defense costs.
Old Republic has not yet publicly shared its side of the story, and the court has not made any rulings yet. The dispute highlights how problems with additional insured coverage can lead to costly legal battles when insurers don’t respond clearly or promptly. For those dealing with commercial real estate insurance, it raises a warning to keep a close eye on insurance contracts and claims handling.