The court considered cross-motions for summary judgment to determined which carrier was primary and which was excess for coverage of bodily injury. Travelers Indemn. Co. v. Hudson Excess Ins. Co., 2025 U.S. Dist. LEXIS 110298 (S.D. N. Y. June 10, 2025).

21 West 86 LLC, the owner of a building, hired Masterpiece US Inc. to serve as a contractor on a construction project. Masterpiece hired Vici Interni Inc. as a subcontractor to perform demolition work, which included demolition of floors and walls. Two Vici employees, Henry Melendez and Jose David Artiga Lopez, sustained injuries when the floor beneath them gave way and they were struck by falling objects. As a result, they suffered bone fractures and various other physical and psychological injuries.

Melendez and Lopez filed suit against West and Masterpiece, alleging that their injuries were caused by West's and Masterpiece's failure to provide a safe work environment. Travelers Indemnity Company insured Masterpiece. Hudson Excess Insurance Company insured Vici. Both the Hudson and Travelers policies named West as an additional insured. Travelers tendered to Hudson on behalf of of West and Masterpiece. The tender was not accepted.