Here are the materials in Choctaw Nation of Oklahoma v. Occidental Fire & Insurance Co. (E.D. Okla.):
15 Occidental Motion to Dismiss
18 Choctaw Opposition to Motion to Dismiss
26 Occidental Opposition to Motion to Remand
An excerpt:
Occidental characterizes the issue in this case as whether it may assert or waive the Nation’s sovereign immunity in connection with insurance coverage on a claim made on the policy. It has not been suggested that Congress provided authority for an insurer such as Occidental to abrogate, waive, or otherwise assert the sovereign immunity of an Indian nation through appropriate legislation. Consequently, the source of the waiver must be the Nation itself. The sole unequivocal statement of the relationship between the Nation and the insurers is the policy itself. Indeed, Occidental recognizes this fact by relying upon certain provisions within the policy to argue the Nation has specifically granted it a waiver or control over the assertion of sovereign immunity. The interpretation of the terms of the policy as a contract is governed exclusively by state law.
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