TK Elevator Sues Hartford Over Denied Coverage in Fatal Workplace Accident
Baltimore, MD – August 30, 2025, TK Elevator Corporation, a leading global elevator manufacturer formerly known as thyssenkrupp Elevator, has filed a lawsuit against Hartford Casualty Insurance Company in the U.S. District Court for the District of Maryland, alleging wrongful denial of insurance coverage following a deadly workplace accident. The dispute centers on Hartford’s refusal to defend and indemnify TK Elevator in a wrongful death lawsuit stemming from the 2020 death of a subcontractor’s employee at a modernization project in Florida.
According to the complaint filed on August 25, 2025, TK Elevator had contracted Nichols Contracting, Inc. to perform electrical work at the Bayside Center 1 project. The contract required Nichols to add TK Elevator as an additional insured on its commercial general liability and umbrella/excess liability policies, with minimum coverage limits of $2 million per occurrence and $5 million for umbrella/excess liability. Hartford issued these policies and provided a certificate of insurance in January 2020, confirming TK Elevator’s status as an additional insured. On July 31, 2020, Nichols employee Henry Hernandez, Jr. was killed during the project. His estate filed a wrongful death lawsuit against TK Elevator on August 16, 2021, with an amended complaint on August 30, 2022, in Florida’s Pinellas County Circuit Court, alleging negligence related to the electrical work performed by Nichols’ employees.
TK Elevator claims it promptly notified Hartford of the lawsuit and made repeated demands for defense and indemnity, as stipulated by the policy, which covered liability “caused, in whole or in part, by [Nichols’] acts or omissions or the acts or omissions of those acting on [Nichols’] behalf.” However, Hartford allegedly failed to respond to initial tenders and denied coverage in a letter dated August 25, 2023, asserting that the lawsuit did not allege Nichols’ actions directly caused the fatal injury. TK Elevator disputes this interpretation, arguing that the policy’s language clearly entitles them to coverage. The wrongful death case was settled on a confidential basis around August 2024, but TK Elevator is now seeking reimbursement for defense costs and settlement payments, along with damages for Hartford’s alleged breach of contract.
This lawsuit underscores ongoing challenges in the commercial insurance industry, particularly regarding disputes over additional insured coverage and the interpretation of policy language in complex construction projects. TK Elevator’s complaint highlights the financial and legal stakes involved when insurers deny claims, leaving contractors to shoulder significant costs. Hartford has not publicly commented on the lawsuit, but legal analysts expect the case to focus on the specific wording of the insurance policies and the circumstances of the accident.
The case also adds to TK Elevator’s history of legal disputes related to workplace safety. The company has faced lawsuits over elevator and escalator incidents, including a 2019 negligence case in Fort Worth, Texas, and a 2024 escalator accident in Houston involving a child’s injury. While TK Elevator emphasizes safety as a core value, with a 2021 Global Framework Agreement to protect worker rights and safety, such incidents highlight the inherent risks in the industry.
A preliminary hearing is scheduled for October 2025, with both parties expected to present arguments over the scope of Hartford’s obligations under the insurance policies. The outcome could set a precedent for how similar coverage disputes are handled in the construction and elevator sectors.
Source: Insurance Business America