The Chickasaw Nation Department of Commerce and the Choctaw Nation of Oklahoma have filed identical lawsuits against AIG firm Lexington Insurance Company, certain underwriters at Lloyd’s of London and several others over their supposed all-risks policies after the two tribes were forced to shut their casino operations amid the coronavirus pandemic.
According to the plaintiffs, their insurance includes coverage for business interruption and interruption by civil authority. Now they want to make sure they will be compensated for the casino closures.
“The Nation seeks a declaratory judgment from this Court declaring the policies cover the Nation’s losses and expenses related to the COVID-19 pandemic and infection and the defendant insurers are responsible for said losses and expenses,” reads the Chickasaw court filing made public by Courthouse News Service.
Aside from Lexington Insurance and the Lloyd’s of London underwriters, other defendants in both cases are Homeland Insurance Company of New York, Hallmark Specialty Insurance Company, Endurance Worldwide Insurance Ltd T/A Sompo International, Arch Specialty Insurance Company, Evanston Insurance Company, Allied World National Assurance Company, Liberty Mutual Fire Insurance Company, and XL Insurance America, Inc.
Chickasaw and Choctaw are represented by Whitten Burrage and Burrage Law Firm, respectively. The lawsuits were filed yesterday (March 24) in Oklahoma counties Pontotoc and Bryan.
