Travelers has sued two insurers in Manhattan federal court, claiming they dodged their share of the defense costs in a New York construction injury case.
The lawsuit, filed on May 5, 2026, in the US District Court for the Southern District of New York, sets up a familiar but pointed clash among carriers - one that turns on who pays first when a worker gets hurt on a job site and several insurance policies are in play.
According to the filing, the trouble traces back to February 26, 2020, when a mechanic named Ancil Griffith was caulking a duct penetration at a construction site. His ladder, the suit says, slipped into a gap between the floor and the wall, and he fell. Griffith eventually sued in state court, alleging herniated discs and sprained ligaments in his spine, and pointing the finger at the building's owners, the project's general contractor, and others under New York's Labor Law.
There is a wrinkle. Griffith first said the accident happened at 412 West 15th Street in Manhattan. He later amended his case - twice - to say it actually happened during a renovation of Discovery Communications' headquarters at 230 Park Avenue South. That second location is where the coverage fight now centers.
Travelers, which insures the general contractor, Reidy Contracting Group, says it has been footing the defense bill for Reidy and a roster of additional insureds - Discovery, CBRE, 412W15 Lessee, and LM Legacy Group - while two other carriers sit on their hands.
The first, Southwest Marine and General Insurance Company, insured the HVAC subcontractor whose employee was hurt. Travelers says its policy includes a standard endorsement extending coverage to any party the named insured agreed in writing to cover, along with a separate clause stating the policy "is primary to and will not seek contribution from any other insurance available to an additional insured." Despite tenders sent in January 2023, April 2024, and May 2025, Travelers says Southwest Marine has never written back.
The second carrier, Selective Way Insurance Company, insured the flooring subcontractor on the Discovery project. Its policy, Travelers says, contains a blanket additional insured endorsement that kicks in for anyone the policyholder agreed in writing to cover, tied to the subcontractor's "ongoing operations." Travelers says Selective acknowledged the tender by email on April 11, 2023, then in August 2025 accepted the defense on a primary, noncontributory basis - confirming the next month that it was doing so "without reservation."
What happened next is the part insurers may want to read twice. According to the filing, Travelers sent Selective defense invoices on three separate occasions in early 2026 and got no response and no reimbursement.
Travelers is asking the court to declare that both carriers must defend and indemnify the additional insureds on a primary basis, and to order them to repay what Travelers has spent so far. The allegations have not been tested in court, the defendants have not yet filed a response, and no court has ruled.
