Turtle Mountain Housing Authority

Malaterre v. Amerind Risk Management Cert Petition — Section 17 Corporation Immunity

Matthew L.M. Fletcher2 Comments

Here is the petition:

Malaterre Cert Petition

And the questions presented:

Whether a tribal business corporation formed pursuant to 25 U.S.C. § 477 with the aim of insuring Indian Housing Authorities may properly invoke tribal sovereign immunity as a ground for avoiding its contractual obligation to provide insurance coverage for liability claims arising from injuries sustained by tribal-member tenants in Indian housing units.

Lower court materials here.

And for good measure, the Federal Reporter 3d version of the lower court opinion:

Amerind v. Malaterre, 633 F.3d 680 (CA8 2011)

Tribal Court Jurisdiction over Tribal Insurers under the Montana Exceptions

Matthew L.M. Fletcher1 Comment

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