West Flagler Associates, the holding troupe for Sunshine State gaming venues that include Flagler Dog Track and Magic City Casino, is suing several insurance providers. Rebecca West Flager demands they make up undecomposed on coronavirus-related claims while alleging conspirative behavior.

In the instance of western United States Flagler Associates v. Red Indian Harbor Insurance Company et al., filed in the Supreme Court of the State of New York, the plaintiff asserts quartet insurance companies must trot up for pandemic-related losses. That’s because the policies Dame Rebecca West Flagler had with those providers did not include stipulations regarding contagions or pandemics.

The plaintiff says the quartet of insurance firms — Native American Harbor, Hallmark, Ategrity, and Great Lakes — conspired to append such provisions after the urban center of Miami forced a temporary law of closure of the gambling casino and track inwards March 2020.

In trust on the coverages in defendants’ insurance policies, plaintiff paid millions of dollars in payroll department to its employees patch shut downward past administration orders, and incurred outstanding expenses to re-start and defend business organization operations,” according to the complaint. “Despite agreeing to overcompensate exactly those kinds of losses, defendants make wrongfully denied coverage.”

The iv insurance companies are supposed to handle losses upwards to $25 million, notes the sound document. The pillow slip was filed in New House of York because of provisions in the various policies.

Conspiracy Claims

Magic City Casino doesn’t throw rearward inwards the effectual document, levying seven counts against the insurance companies.

In gain to conspiracy, those complaints include breach of contract, conspiracy, and tortious interference and violations of New House of York concern jurisprudence related to an alleged conspiracy. Supporting the cabal claim, the plaintiff says the updated insurance policies contained remarkably similar linguistic communication used to refuse the COVID-19 claims.

“Tellingly, defendants changed their subsequent insurance policies with plaintiff by expressly excluding coverage of losses caused past viruses,” according to the complaint. “That modification demonstrates that the policies ut not exclude such insurance coverage or, at a minimum, are unclear as to such coverage, and such equivocalness must follow resolved in favor of coverage for the insured.”

West Flagler is asking that a adjudicate declare Indian Harbor, Hallmark, Ategrity, and Great Lakes are obligated to make up unspoiled on the financial claims, and the plaintiff is pursuing a panel trial run for the other complaints.

Common Theme inward Coronavirus Environment

West Flagler is far from the firstly gaming keep company to act on litigation against insurance companies in the wake of the pandemic.

Last year, multiple tribal gaming operators sued insurance providers to unafraid pandemic payouts. In Las Vegas, billionaire Phil Ruffin’s Circus Circus sued American International Group (AIG), while his Treasure Island also filed a sound complaint against an insurance company.

In Mar 2021, Caesars Entertainment brought a $2 billion accommodate against a mathematical group of insurers, including Allianz, Chubb, Aspen, and Lloyds of London, claiming those providers refused to wee-wee unspoiled on coronavirus payouts.

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