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Travelers sues Selective after tender silence over Walmart slip case
Travelers says it tendered defense requests to Selective six times starting Oct. 7, 2024, while Selective was Mercer’s carrier under a contract Travelers says makes Selective primary.
Travelers Indemnity Company of America has filed a federal lawsuit in New Jersey seeking a court declaration that Selective Insurance Company of South Carolina must defend and indemnify two of its insureds tied to a Walmart slip-and-fall claim, according to Insurance Business.
The underlying injury case involves a shopper who, Travelers says, slipped on ice and snow at a Walmart parking lot on March 15, 2022. The dispute is still pending in Pennsylvania, with the complaint pointing to alleged negligence involving Mercer and other entities.
Travelers’ coverage argument centers on a Master Service Agreement Mercer Enterprises handled for snow and ice removal, where Travelers says the agreement required Mercer coverage to apply as primary insurance for added insureds, including before any deductible. Travelers also alleges the Mercer policy with Selective included language Travelers reads as making Selective first to pay.
Travelers says it tendered the defense to Selective on Oct. 7, 2024, and then again five times through Feb. 4, 2026, but received no response. In its complaint filed July 20, 2026, Travelers says Selective has refused to provide coverage and asks the court to declare Selective primary, order defense and indemnity, and require Selective to repay Travelers’ costs.