Lexington Insurance Company v. Smith

(Tribal Court Has Jurisdiction Over Insurers Who Issued Insurance Policies to Tribe)

(October 2024) - In Lexington Insurance Company v. Smith, 2024 U.S. App. LEXIS 23429 (September 16, 2024), the U.S. Court of Appeals for the Ninth Circuit denied the insurers' petition for rehearing on its decision affirming a lower court's order granting Suquamish Tribe and Port Madison Enterprises' (collectively, the "Tribe") motion for summary judgment.

Lexington Insurance Company and several other insurance companies (collectively, "Lexington") contracted with Tribal First (an entity set up to offer insurance for tribes) to offer insurance policies to tribal governments and enterprises. Lexington then issued insurance policies that were to be provided through Tribal First to tribes. After suspending business operations during the onset of the COVID-19 pandemic, the Tribe submitted insurance claims for lost business and tax revenue and other expenses. After receiving