Two insurers are fighting over who pays. Southwest Marine says the bill belongs to Travelers.
Southwest Marine and General Insurance Company sued The Travelers Indemnity Company of America in New York federal court on June 5, 2026, asking a judge to make Travelers defend and pay for a construction-injury claim that Southwest Marine says is Travelers' to cover.
The dispute traces back to a fall at a building on 11th Street. A worker, Edison Pin Troncozo, claims that on or about February 12, 2024, while doing his "assigned construction work," he tripped over "defective, unsecured, and unguarded dangerous conditions at the project." He was working for North Shore Contractor Services Corp., the filing says.
His injury suit names the building owner, 624 11th St. Apts. LLC, and the contractor, Penta Restoration Corp.
Southwest Marine insures Penta, with a commercial general liability policy carrying $5 million each-occurrence and $5 million aggregate limits, the complaint states. It is defending both Penta and the owner in that suit.
The fight is over the contract chain. Penta subcontracted the job to North Shore in December 2023, and that subcontract required North Shore to insure Penta and the owner as additional insureds, according to the filing. North Shore's carrier was Travelers, on a policy with $1 million per-occurrence and $2 million aggregate limits.
Southwest Marine points to the certificate of insurance, which it says lists the owner as an additional insured on a "primary and non-contributory basis as per written contract." The subcontract also said the subcontractor "assumes entire responsibility and liability for any and all damages or injury of any kind or nature whatever."
Then came the standoff. Southwest Marine says it tendered Penta's defense to Travelers in May 2024. Travelers "improperly denied" it that June, according to the complaint, and the filing says Travelers "has never accepted the tenders" despite repeated requests through July 2025.
So Southwest Marine kept footing the bill - $19,766.15 so far, and rising, the complaint says.
Now it wants a judge to decide. It is seeking a declaratory judgment that Travelers must defend and indemnify Penta and the owner on a "primary and non-contributory basis," plus reimbursement of its costs, with interest.
For claims teams, it is a familiar flashpoint: additional-insured endorsements, who sits primary, and a duty to defend that can kick in well before fault is sorted out. The money is modest. The principle - who owes the defense when a subcontract shifts the risk downstream - is the part worth watching.
These are allegations. Travelers has not filed a response, and no court has ruled.
