• Mon. Jun 21st, 2021

Magic Metropolis On line casino, Flagler Canine Observe Demand Insurers Pay COVID-19 Claims


May 28, 2021

Posted on: Might 27, 2021, 11:27h. 
Final up to date on: Might 27, 2021, 11:38h.

Todd Shriber Learn Extra

West Flagler Associates, the holding firm for Florida gaming venues that embrace Flagler Canine Observe and Magic Metropolis On line casino, is suing a number of insurance coverage suppliers. West Flager calls for they make good on coronavirus-related claims whereas alleging conspiratorial habits.

A slots participant at Magic Metropolis On line casino in Miami. Proprietor West Flagler Associates is suing 4 insurance coverage corporations. (Picture: NBC6)

Within the case of West Flagler Associates v. Indian Harbor Insurance coverage Firm et al., filed within the Supreme Courtroom of the State of New York, the plaintiff asserts 4 insurance coverage corporations should pony up for pandemic-related losses. That’s as a result of the insurance policies West Flagler had with these suppliers didn’t embrace stipulations relating to contagions or pandemics.
The plaintiff says the quartet of insurance coverage companies — Indian Harbor, Hallmark, Ategrity, and Nice Lakes — conspired so as to add such provisions after the town of Miami pressured a brief closure of the on line casino and racetrack in March 2020.

In reliance on the coverages in defendants’ insurance coverage insurance policies, plaintiff paid thousands and thousands of {dollars} in payroll to its workers whereas shut down by authorities orders, and incurred nice bills to renew and keep enterprise operations,” in line with the grievance. “Regardless of agreeing to cowl precisely these sorts of losses, defendants have wrongfully denied protection.”

The 4 insurance coverage corporations are purported to cowl losses as much as $25 million, notes the authorized doc. The case was filed in New York due to provisions within the numerous insurance policies.
Conspiracy Claims
Magic Metropolis On line casino doesn’t maintain again within the authorized doc, levying seven counts towards the insurance coverage corporations.

Along with conspiracy, these complaints embrace breach of contract, conspiracy, and tortious interference and violations of New York enterprise regulation associated to an alleged conspiracy. Supporting the conspiracy declare, the plaintiff says the up to date insurance coverage insurance policies contained remarkably related language used to disclaim the COVID-19 claims.

“Tellingly, defendants modified their subsequent insurance coverage insurance policies with plaintiff by expressly excluding protection of losses attributable to viruses,” in line with the grievance. “That change demonstrates that the insurance policies don’t exclude such protection or, at a minimal, are unclear as to such protection, and such ambiguity should be resolved in favor of protection for the insured.”
West Flagler is asking {that a} decide declare Indian Harbor, Hallmark, Ategrity, and Nice Lakes are obligated to make good on the monetary claims, and the plaintiff is pursuing a jury trial for the opposite complaints.
Widespread Theme in Coronavirus Atmosphere
West Flagler is much from the primary gaming firm to pursue litigation towards insurance coverage corporations within the wake of the pandemic.
Final 12 months, a number of tribal gaming operators sued insurance coverage suppliers to safe pandemic payouts. In Las Vegas, billionaire Phil Ruffin’s Circus Circus sued American Worldwide Group (AIG), whereas his Treasure Island additionally filed a authorized grievance towards an insurance coverage firm.
In March 2021, Caesars Leisure introduced a $2 billion swimsuit towards a gaggle of insurers, together with Allianz, Chubb, Aspen, and Lloyds of London, claiming these suppliers refused to make good on coronavirus payouts.

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