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Liberty Mutual seeks court order to shift defense costs in Bronx suit
The dispute centers on additional-insured wording across Crum & Forster and Starr excess coverage tied to an April 25, 2023 accident.
Liberty Mutual has asked a federal court to force two rival insurers to pick up the defense of a contractor it says was never solely responsible for an injury dispute in the Bronx, according to a complaint filed August 10, 2026.
The case stems from an April 25, 2023 accident on Bruckner Boulevard, where a passenger was hurt after the vehicle they were riding in struck an improperly parked 2017 Western Star truck, which belonged to a subcontractor, JP Hogan Coring & Sawing Corporation.
Liberty Mutual says the subcontract work contract required Hogan to add El Sol as an additional insured on a primary, non-contributory basis, and it argues the contractor's auto coverage structure puts Crum & Forster first and Starr next, with stated limits of $1 million per accident and $5 million per occurrence, respectively.
Liberty Mutual alleges it tendered the defense to Crum & Forster on August 2, 2024 and again on January 30, 2026, and that Crum & Forster later denied the duty to defend and indemnify in a March 12, 2026 letter, while a separate Starr tender dated February 13, 2026 drew no response, the filing says.