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Ohio Security seeks court order after Accident Fund allegedly ignores tenders
The suit says Accident Fund had duty to defend under a general liability policy, but Ohio Security says it tendered the defense twice in 2023 and got no response.
Ohio Security Insurance Company has sued Accident Fund Insurance Company of America, asking a federal judge to step in over an alleged failure to respond to defense tenders tied to a Brooklyn construction injury case, Insurance Business reports. The complaint was filed in the US District Court for the Eastern District of New York on July 15, 2026.
According to the filing, Ohio Security is defending three companies, Legacy Contractors NY, LLC and two 326 Rockaway entities, identified as additional insureds in the underlying injury suit. The injured worker, the complaint says, was hurt on March 14, 2023, at a Rockaway Avenue project in Brooklyn while employed by subcontractor KSF NY Services, LLC.
Ohio Security alleges that contract paperwork signed around January 23, 2023 required KSF to maintain insurance that was primary and non-contributory, naming the contractor and owner as additional insureds. The complaint says KSF’s Accident Fund general liability policy ran from April 26, 2022 to April 26, 2023, with limits of $2 million per occurrence and $4 million aggregate.
The dispute centers on Ohio Security’s claim that it tendered the defense twice to Accident Fund on September 20 and October 16, 2023, and that Accident Fund failed or refused to respond, effectively disregarding the tenders. Ohio Security is seeking a court declaration that Accident Fund owes a primary, non-contributory defense obligation.