FOLLOW US

America October 4, 2024 4 mins read

Landlord’s Insurer Claims Wrongful Death Case Belongs to Another Carrier

America ı By Samuel Lopez

0 Comments

tRAVELERS

Quick Hits:

  1. Insurance Dispute Intensifies: Travelers Property Casualty Co. of America seeks reimbursement, claiming Cumberland Mutual Fire Insurance Co. should cover landlord defense in a wrongful death suit.
  2. Who's Responsible?: The lawsuit revolves around liability for Graciela Chippe’s fatal fall at Sofy's Restaurant in Hackensack, NJ.
  3. Policy Clashes: Disagreement centers on which insurer is responsible for defense costs, highlighting complexities in commercial liability policies.

By Samuel A. Lopez, USA Herald

[NEW JERSEY] - When a tragic accident leads to a wrongful death suit, it’s not only the parties directly involved who scramble for answers. Insurance companies—behind the scenes—often engage in their own battles over who should be paying for the defense. In a recent twist, Travelers Property Casualty Co. of America is making its case that Cumberland Mutual Fire Insurance Co. should be footing the bill in a New Jersey wrongful death suit, not them.

Let me break this case down for you.

The Dispute
At the center of this legal clash is Sofy’s Restaurant LLC, an Ecuadorian eatery located in Hackensack, New Jersey. The estate of Graciela Chippe, who tragically died after a fall at the restaurant in 2022, filed a wrongful death lawsuit, alleging negligent maintenance of the property. But the landlord, C.J. Lombardo Co., is also on the hook in this suit, thanks to the property lease.

Here's where things get messy: Travelers insures C.J. Lombardo, while Cumberland insures Sofy’s Restaurant. Travelers argues that Cumberland’s policy requires it to defend the landlord since Sofy's took over the lease from a previous tenant, Bohemia Restaurant, back in 2020. So why is Travelers defending the landlord? They want reimbursement from Cumberland for the costs they've already incurred.

A Battle of Policies
The Travelers-Cumberland dispute isn't about whether someone should pay for the defense—it's about who should. Travelers claims that their coverage is "excess" to Cumberland’s, meaning Cumberland should be primarily responsible. And according to the lease agreement and rider, Sofy's Restaurant (and therefore Cumberland) is responsible for maintaining the property, including the area where Chippe tragically fell.

Yet, Cumberland has denied additional insured coverage for C.J. Lombardo, forcing Travelers to step in. Now, they’re seeking to recoup those defense costs through legal action.

Here’s where it gets a bit technical for those unfamiliar with insurance lingo. The term “primary and noncontributory” coverage means that Cumberland’s policy should be the first to respond in paying for C.J. Lombardo’s defense. If Travelers’ assertion holds, Cumberland’s refusal to cover is an attempt to skirt contractual obligations—something many of us who watch the insurance industry closely are wary of.

In my view, this is a prime example of how insurers can act in bad faith by attempting to shift responsibility, causing unnecessary delays and legal wrangling. It’s situations like these that make clear why we must hold insurance carriers accountable for their promises.

The Broader Implications
While the core of this case is about which insurer should pay for the defense, it also sheds light on the complexities of commercial insurance policies. The policies’ language is often dense and filled with clauses that can complicate what should be a straightforward process of determining liability. This case highlights how a simple lease agreement can spiral into multi-faceted litigation involving multiple insurers, each trying to limit its exposure.

As a journalist, I’ve seen time and again how such disputes can stretch on for months, if not years, with businesses and individuals left in limbo as insurance companies duke it out.

What do you think about this ongoing insurance dispute? Share your thoughts in the comments below and stay informed by following my coverage on USA Herald.

For more in-depth reporting, check out my bio here and read the latest stories at USA Herald.

 

Previous Article

Lawyer Fined $8,600 Over Misleading Statements in Broadcast

Read More
2007 Posts

Samuel Lopez

With over 20 years of experience in the legal and insurance sectors, Samuel applies his profound legal acumen to investigate and accurately report on the facts.

Discussion

No comments yet. Be the first to join the discussion!

Don’t Miss It
America November 04, 2026 Hakeem Jeffries and the Power of a Black Speakership By – Michallie K Harrison
America November 04, 2026 Freedom for Whom? El-Sayed, Hinojosa and the Midterms By – Michallie K Harrison
America November 04, 2026 America’s 60-Day Danger Zone After the 2026 Midterms By – Michallie K Harrison
America November 04, 2026 Nuremberg Trials Part 2: The 2026 Accountability Reckoning By – Michallie K Harrison
America November 04, 2026 Keisha Lance Bottoms Just Broke a 250-Year Barrier By – Michallie K Harrison
America November 3, 2026
Reflect Orbital Wants to Sell Sunlight…

Beyond the Beam — Three Things to Know 1. Reflect Orbital…

By – Samuel Lopez
America November 3, 2026
Soft War? Trump Orders Limited U.S.…

WASHINGTON — November 3, 2026 — President Donald Trump described…

By – Jackie Allen
America November 3, 2026
Supreme Court Takes Up Colorado Preschool…

What the Justices Must Decide Colorado says every publicly funded…

By – Samuel Lopez
America November 3, 2026
California Supreme Court Could Reshape Police…

SAN JOSE, Calif. – A federal appeals court has ruled…

By – Samuel Lopez
High Profile Court Cases November 3, 2026
Lindsay Clancy Retrial in Limbo: Prosecutors…

PLYMOUTH, Mass. — A contentious Monday hearing in the Lindsay…

By – Derek Johnson
America November 3, 2026
Supreme Court Rejects Trump Bid to…

WASHINGTON, D.C. — On the eve of the 2026 midterm…

By – Derek Johnson
America November 3, 2026
Election Day 2026: Voters Decide Control…

WASHINGTON, D.C. — Americans are voting today in the 2026…

By – Derek Johnson
America November 3, 2026
Trump Weighs Iran Strikes as Carlson…

WASHINGTON — U.S. officials have warned regional allies to prepare…

By – Michallie K Harrison
America November 3, 2026
China May Be Making Weapons-Grade Uranium…

China has likely resumed producing weapons-grade uranium after a pause…

By – Michallie K Harrison
America November 2, 2026
California Bar Exam Pass Rate Falls…

What the Numbers Reveal California’s July 2026 bar exam pass…

By – Samuel Lopez
America November 2, 2026
Federal Judge Tosses DOJ Lawsuit Seeking…

What the Ruling Actually Means The judge did not rule…

By – Samuel Lopez
America November 2, 2026
Adam Robinson Among Nine Killed in…

A Texas technology entrepreneur, his wife, their two young children…

By – Tyler Brooks
America November 2, 2026
Protective Acquires Obsidian, Adding Specialty Insurance…

Protective Life Corporation has completed its acquisition of Obsidian Insurance…

By – Tyler Brooks
America November 2, 2026
WeRide Insurance Partnership Brings Allianz and…

WeRide is strengthening the foundation beneath its international autonomous driving…

By – Tyler Brooks
America November 2, 2026
Markel, Enstar $4.8B Reinsurance Agreement Targets…

Markel Insurance and Enstar have struck a major reinsurance deal…

By – Tyler Brooks
America November 2, 2026
Lenny Kravitz Death Rumors Debunked After…

Viral claims that rock star Lenny Kravitz died aboard a…

By – Tyler Brooks
America November 2, 2026
Weaponization Allegations Grow as Charges Against…

WASHINGTON — Nov. 2, 2026 — Allegations of political weaponization…

By – Jackie Allen
America November 2, 2026
Spirit Halloween Store Shooting: Pregnant Woman…

A Halloween shopping trip turned into a nightmare Friday night…

By – Rachel Moore
America November 2, 2026
NASA Telescope Will Fall Back to…

What to Watch as Swift Comes Down NASA says the…

By – Samuel Lopez
America November 2, 2026
NTSB Says Learjet Reported Ice And…

What Investigators Know So Far The Learjet crew reported light…

By – Samuel Lopez
America November 2, 2026
Moss Landing Shooting Leaves Multiple Dead…

A deadly shooting near Moss Landing State Beach in California…

By – Rachel Moore
America November 2, 2026
Jet Crash in Florida Kills Nine…

A devastating aviation disaster unfolded in Florida on Sunday when…

By – Rachel Moore
America November 2, 2026
Haley Stevens Stuns Democrats by Endorsing…

DETROIT — Nov. 2, 2026 — Haley Stevens, a Democratic…

By – Jackie Allen
America November 2, 2026
Zelda Ocarina of Time Remake Reimagines…

Remaking a beloved classic is like restoring a famous painting:…

By – Rachel Moore
America October 28, 2026
Michigan Double-Digit Health Insurance Hikes Set…

Michigan residents are facing another costly year for health coverage,…

By – Tyler Brooks
America October 28, 2026
Miyoko Plant Butter Recall Sparks Food…

A plant-based butter product distributed across 10 states is being…

By – Rachel Moore
America October 28, 2026
Pentagon Ketamine Contract: $41M Deal Under…

WASHINGTON — The Pentagon has awarded a Singapore-based pharmaceutical company…

By – Michallie K Harrison
America October 28, 2026
CDC Warns Drug-Resistant Germs Threaten Modern…

WASHINGTON — Drug-resistant germs are causing millions of infections and…

By – Michallie K Harrison
America October 27, 2026
Walmart Great Value Fruit Cocktail Recall…

A canned fruit product sold at Walmart is under recall…

By – Rachel Moore
America October 25, 2026
Christina Applegate Reveals Multiple Sclerosis Misdiagnosis,…

LOS ANGELES — Christina Applegate, the Emmy-winning actor known for…

By – Jackie Allen
America October 31, 2026
Bill Belichick and Jordon Hudson Reportedly End…

Bill Belichick and Jordon Hudson reportedly ended their romantic relationship…

By – Jackie Allen
America October 29, 2026
Brewers Beat Rays to Win First…

ST. PETERSBURG, Fla. — The Milwaukee Brewers won their first…

By – Michallie K Harrison
America October 23, 2026
Connor Hellebuyck Traded to New Jersey…

The New Jersey Devils have made a major move to…

By – Tyler Brooks
America October 19, 2026
Information Ecosystem: Five Tools to Detect…

The information ecosystem is increasingly vulnerable to misinformation. There are…

By – Jackie Allen
America October 19, 2026
An Airman Died After a Pregame…

By Michallie K. Harrison | Opinion Tech. Sgt. Ian Patterson’s…

By – Michallie K Harrison
America October 16, 2026
NFL Player $300M Hip Surgery Lawsuit…

Athletes bet their bodies on surgeons the way pilots bet…

By – Tyler Brooks

No posts found.

No posts found.

Signup for the USA Herald
exclusive Newsletter