Ninth Circuit Materials in Appeal Involving Insurance Cos. Defending Torts against Tribal Business

Here are the materials in McVay v. Allied World Ins. Co.:

McVay Opening Brief

York Appellee Brief

Allied World Appellee Brief

McVay Reply

Lower court materials are here:

12 Amended Complaint

15 York Motion to Dismiss

16 McVay Response to York

19 York Reply

22 Allied Motion to Dismiss

30 McVay Response to Allied

33 McVay Supplemental Response

35 Allied Reply

Federal court opinion: 16_F.Supp.3d_1202

From the West syllabus:

Background: Pedestrian who allegedly slipped and fell in a gas station convenience store owned by tribal development corporation, which was an entity of Indian tribe, brought action against, inter alia, insurer for the Indian tribe and insurer’s administrator, seeking to recover damages for injuries she sustained as a result of the slip-and-fall. Defendants filed motions to dismiss for failure to state a claim.

Holdings: The District Court, Howard D. McKibben, J., held that:

(1) pedestrian lacked standing to enforce the Indian tribe’s contract with insurer under Nevada law, and (2) pedestrian lacked standing to assert claim against insurer for breach of the implied covenant of good faith and fair dealing under Nevada law.

Motions granted.