Travelers also says others should have carried this. It calls Zurich, Skanska’s direct primary carrier, the party that owed the defense first, pointing to an Other Insurance clause making Travelers’ coverage “excess over any other primary insurance available to Skanska as a named insured.” And it accuses Starr, which insured subcontractor Select Electric, of a wrongful denial – saying that after “years of non-response,” Starr rejected the tender on the view there was “no evidence” Select Electric touched the ditch, while ignoring the subcontractor’s own discovery responses, an incident report, and a “$450,000 settlement” with the injured worker. Starr’s policy, Travelers notes, reaches liability merely “arising out of” Select Electric’s operations – a broader standard than its own.
Travelers sues to recover defense costs it says it never owed
