Two established insurers are now squaring off in federal court over a question as old as the industry itself: who pays first?
The Travelers Indemnity Company filed suit against Erie Insurance Company on January 29, 2026, in the US District Court for the Western District of New York. At the heart of the dispute is a construction site injury in Buffalo and a disagreement over which insurer should be covering the defense.
The underlying claim traces back to on or about April 1, 2021, when a worker named Thomas G. Sellitto was allegedly injured at a housing development project at 19 Doat Street in Buffalo. According to the court filing, Sellitto was attempting to maneuver a bin filled with reclaimed hardwood when he sustained multi-level lumbar spine disc bulges/herniations with radiculopathy…