The Trade Contract between Avalon Yonkers ATI Site, LLC and Avalon Yonkers Sun Sites, LLC (as Owner) and NMI (as Contractor), dated May 4, 2018, required NMI to procure and maintain insurance naming the Owner, their officers, directors, employees, and any other party the Owner reasonably requires, as additional insureds, with coverage that is primary and non-contributory. The complaint details that Travelers made repeated tenders and retenders of the defense and indemnity of Avalon Yonkers ATI Site, LLC, Avalon Yonkers Sun Sites, LLC, AvalonBay Communities, Inc., and Yonkers Industrial Development Agency as additional insureds to Nautilus, including by correspondence dated August 30, 2021; November 19, 2021; December 1, 2021; February 17, 2022; September 12, 2022; April 25, 2025; June 1, 2025; July 16, 2025; July 28, 2025; and August 28, 2025. According to the complaint, Nautilus has not responded to these tenders and has refused to provide a defense or indemnification under the Nautilus policy.