Tribal Court Jurisdiction over Tribal Insurers under the Montana Exceptions

The District of North Dakota, in Amerind Risk Management v. Malaterre, refused to the grant the insurance company’s motion for summary judgment on the grounds that the Turtle Mountain Tribal Court did not have jurisdiction over it under Montana v. United States. The Turtle Mountain tribal council had waived the Turtle Mountain Housing Authority’s sovereign immunity to the extent of insurance coverage, in accordance with tribal court precedent. Plaintiffs who were injured and killed in a house fire sued the insurance company in tribal court, which then asserted the Montana defense.

Here are the materials:

amerind-risk-mgmt-v-malaterre-tmac-opinion

amerind-motion-for-summary-judgment

defendants-response-to-amerind-motion-for-summary-judgment

amerind-reply-brief

amerind-v-malaterre-dct-order

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