Ho-Chunk Nation Sues Insurers Over Pandemic Claim Denials - Insurance News | InsuranceNewsNet

InsuranceNewsNet — Your Industry. One Source.™

Sign in
  • Subscribe
  • About
  • Advertise
  • Contact
Home Now reading Top Stories
Topics
    • Advisor News
    • Annuity Index
    • Annuity News
    • Companies
    • Earnings
    • Fiduciary
    • From the Field: Expert Insights
    • Health/Employee Benefits
    • Insurance & Financial Fraud
    • INN Magazine
    • Insiders Only
    • Life Insurance News
    • Newswires
    • Property and Casualty
    • Regulation News
    • Sponsored Articles
    • Washington Wire
    • Videos
    • ———
    • About
    • Meet our Editorial Staff
    • Advertise
    • Contact
    • Newsletters
  • Exclusives
  • NewsWires
  • Magazine
  • Newsletters
Sign in or register to be an INNsider.
  • AdvisorNews
  • Annuity News
  • Companies
  • Earnings
  • Fiduciary
  • Health/Employee Benefits
  • Insurance & Financial Fraud
  • INN Exclusives
  • INN Magazine
  • Insurtech
  • Life Insurance News
  • Newswires
  • Property and Casualty
  • Regulation News
  • Sponsored Articles
  • Video
  • Washington Wire
  • Life Insurance
  • Annuities
  • Advisor
  • Health/Benefits
  • Property & Casualty
  • Insurtech
  • About
  • Advertise
  • Contact
  • Editorial Staff

Get Social

  • Facebook
  • X
  • LinkedIn
Newswires
Top Stories RSS Get our newsletter
Order Prints
July 29, 2021 Top Stories
Share
Share
Post
Email

Ho-Chunk Nation Sues Insurers Over Pandemic Claim Denials

Businesses have filed hundreds of lawsuits over business interruption insurance denials.
Wisconsin State Journal (Madison, WI)

The Ho-Chunk Nation, which operates casinos, hotels, restaurants and other businesses across Wisconsin, is suing its insurers over denials of its business interruption insurance claims brought on by the COVID-19 pandemic.

The lawsuit, filed late Tuesday in Dane County Circuit Court, is the latest in a number of lawsuits filed against insurers by businesses that had to shut down last year because of government or tribal closure orders aimed at stemming the spread of the infectious disease.

The lawsuit states the pandemic caused direct physical losses and damages to the tribe's businesses, which should be covered by the layering of insurance policies issued to the tribe by various insurers and underwriters, including Lloyd's of London. The group of insurers is led by Boston-based Lexington Insurance Co.

"The pandemic limited access, reduced usable space, and required the installation of physical barriers," the lawsuit states. "It also increased the need to clean and sanitize at the (tribe's properties). The policyholders undertook significant repair and remediation before use of the property could be permitted without risking further loss and injury to visiting patrons."

Those losses should be considered direct physical losses caused by the coronavirus and the pandemic because the businesses were rendered unusable and uninhabitable while closure orders were in effect, the lawsuit states.

Insurance companies have pushed back against paying claims for business interruption losses due to the pandemic, contending that business interruption policies only cover losses that are due to physical damage to businesses, and that pandemic-related closures do not count as such.

The tribe counters, however, that its "loss is physical because the probability of illness for any patron if the property were physically used made the property uninhabitable and/or unusable. The pandemic prohibited access to the property."

Previous Rulings

In November, in a similar case, Dane County Circuit Judge Mario White dismissed a class-action lawsuit brought against Society Insurance by the owners of Pasqual's, a Madison restaurant. He agreed with Society that Pasqual's, which closed its dining room because of the pandemic, did not suffer physical damage to its property and was still able to prepare food in its restaurant. Pasqual's has appealed the ruling.

In another case, in April, also a class action against Society Insurance, Circuit Judge Jacob Frost granted Society's motion to dismiss a claim of coverage for Badger Crossing, a Monroe County bar and restaurant, based on its insurance policy's civil authority and contamination clauses. But Frost declined to dismiss Badger Crossing's claim that COVID-19 had physically invaded the business and made it unsafe. Society has appealed the decision.

The Ho-Chunk Nation operates casinos in Madison, Black River Falls, Nekoosa, Tomah, Wisconsin Dells and Wittenberg. It also has property in Lake Delton, La Crosse, South Milwaukee, Lyndon Station, Baraboo, Mauston, Milwaukee, Wisconsin Rapids, Muscoda, Kildare, Port Edwards, North Freedom, Neillsville, New Lisbon and Green Bay, and in Illinois, Minnesota and Missouri.

The lawsuit doesn't state how much the Nation is seeking in claims from its insurers but asks for a declaration that its losses are covered by its insurance policies and asks to be awarded unspecified compensatory and punitive damages.

Last year, Ho-Chunk Nation President Marlon WhiteEagle told the State Journal the loss of gaming revenue due to the pandemic had "pretty much crippled our tribal economy." He said the Nation's six Wisconsin casinos, which generate more than 80% of its annual operating budget "are really the bread and butter of our funding."

------

___

(c)2021 The Wisconsin State Journal (Madison, Wis.)

Visit The Wisconsin State Journal (Madison, Wis.) at www.wisconsinstatejournal.com

Distributed by Tribune Content Agency, LLC.

Older

Sapiens Selected for One of the Largest Digital Core Transformations in APAC by a Leading Non-Life Thailand-based Insurer

Newer

HawkSoft and InsureZone Partner to Help Insurance Agencies Quote Commercial Lines Policies

Advisor News

  • What advisors must know about accessible client documents
  • Your client texted. Now what? The compliance rules advisors better know
  • Helping small-business owners build, grow and exit
  • Help women break through their retirement roadblocks
  • Advisors await SEC decision on Vanguard fair fund distribution
More Advisor News

Annuity News

  • Wink: Annuity sales post strong Q2, led by MYGAs and structured products
  • Legacy Marketing Group partners with Malibu Life USA for annuity launch
  • Best’s Market Segment Report: Global Life/Annuity Reinsurers Remained Poised for Steady Growth
  • When technology becomes easy to rent, what still separates life and annuity carriers?
  • Legacy Marketing Group® and Malibu Life USA Announce Distribution Partnership for New Fixed Indexed Annuity Platform
More Annuity News

Health/Employee Benefits News

  • CareFirst should have seen alleged fraud 3 years earlier, defendants say
  • Where CT Residents Can Get Free Help Navigating Medicare
  • Study Findings on Electromagnetics Are Outlined in Reports from Liaoning University (Research on the Standardization of Legal Regulation of Integrated Medical and Elderly Care Services under the Long-Term Care Insurance System): Magnetics – Electromagnetics
  • Proposed Medicaid Cuts Could Cost Maternal and Children's Health Care Billions
  • Trump administration cuts health care coverage for some transgender youth in California
Sponsor
More Health/Employee Benefits News

Life Insurance News

  • Taxpayers are on the hook if Dodgers owner's insurance companies go under
  • Lincoln Financial Research Finds 78% of Families Haven’t Discussed Life Insurance
  • Venus Williams to headline speaker roster for Finseca 2027 experience
  • How advisors can get clients to act sooner on life insurance
  • AM Best Affirms Credit Ratings of Crum & Forster Insurance Group’s Members and Monitor Life Insurance Company of New York
Sponsor
More Life Insurance News

NEWS INSIDE

  • Companies
  • Earnings
  • Economic News
  • INN Magazine
  • Insurtech News
  • Newswires Feed
  • Regulation News
  • Washington Wire
  • Videos

FEATURED OFFERS

Press Releases

  • Classic Car Insurer OpenRoad Insurance Expands to 40 U.S. States in Two Years
  • How Aspire General Turned an Early Technology Bet Into Claims Automation at Scale with Kyber
  • Adjusto launches AI-Native contents claims services powered by its technology platform
  • URL Insurance Group Celebrates 40 Years of Service, Growth, and Industry Leadership
  • MassMutual Ascend Surpasses $2 Billion in Lifetime Advisory Annuity Sales, Reflecting Continued Momentum in RIA Channel
More Press Releases > Add Your Press Release >

How to Write For InsuranceNewsNet

Find out how you can submit content for publishing on our website.
View Guidelines

Topics

  • Advisor News
  • Annuity Index
  • Annuity News
  • Companies
  • Earnings
  • Fiduciary
  • From the Field: Expert Insights
  • Health/Employee Benefits
  • Insurance & Financial Fraud
  • INN Magazine
  • Insiders Only
  • Life Insurance News
  • Newswires
  • Property and Casualty
  • Regulation News
  • Sponsored Articles
  • Washington Wire
  • Videos
  • ———
  • About
  • Meet our Editorial Staff
  • Advertise
  • Contact
  • Newsletters

Top Sections

  • AdvisorNews
  • Annuity News
  • Health/Employee Benefits News
  • InsuranceNewsNet Magazine
  • Life Insurance News
  • Property and Casualty News
  • Washington Wire

Our Company

  • About
  • Advertise
  • Contact
  • Meet our Editorial Staff
  • Magazine Subscription
  • Write for INN

Sign up for our FREE e-Newsletter!

Get breaking news, exclusive stories, and money- making insights straight into your inbox.

select Newsletter Options
Facebook Linkedin Twitter
© 2026 InsuranceNewsNet.com, Inc. All rights reserved.
  • Terms & Conditions
  • Privacy Policy
  • InsuranceNewsNet Magazine

Sign in with your Insider Pro Account

Not registered? Become an Insider Pro.