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

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.