On September 16, 2024, the Ninth Circuit Court of Appeals upheld the exercise of tribal court jurisdiction over a nonmember insurance company without a physical presence on tribal land. The underlying dispute involved the Suquamish Tribe’s lawsuit against nonmember off-reservation insurance companies that participated in an insurance program tailored to and offered exclusively to tribes. The Tribe’s lawsuit alleged breach of contract concerning insurance claims for lost business and tax revenue and other expenses arising from the suspension of business operations during the COVID-19 pandemic. The insurance companies argued the Suquamish Tribal Court lacked jurisdiction.
Citing Montana v. United States, 450 U.S. 544, 565 (1981), Merrion v. Jicarilla Apache Tribe, 455 U.S. 130, 142 (1982), and Knighton v. Cedarville Rancheria of N. Paiute Indians, 922 F.3d 892, 902 (…