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Hobbs Straus litigated a case establishing the right of a tribal organization to contract under Public Law 93-638 in a service area that was not a "reservation" in Rapid City Indian Health Board v. IHS, IBIA No. 97-100-A.

Tort Claims Defense & Insurance Coverage

  • Provide counsel to tribes in understanding unique tribal insurance concerns.
  • Assist tribes on how to obtain insurance coverage that is appropriate to their liability at a reasonable and fair premium rate.
  • Advise tribes on policy coverage issues to protect tribal government operations and to preserve sovereign authority and self-governance.
  • Negotiate insurance policies that address the unique risks and legal circumstances of tribal governments.
  • Provide advice and guidance on the applicability of the Federal Tort Claims Act (FTCA).
  • Represent tribes in federal court litigation resulting in the tender of claims from a tribe to the U.S. Department of Justice (DOJ) under the FTCA.
  • Provide policy advocacy with the U.S. DOJ regarding the scope of coverage issues.
  • Develop and draft tribal tort claim ordinances.
  • Draft and review tribal government scope of work descriptions to assure activities are included in Indian Self-Determination and Education Assistance Act (ISDEAA) agreements.
  • Draft tribal job descriptions and contracts for employee/personal services contractors to assure compliance with ISDEAA and FTCA.


© 2010 HOBBS, STRAUS, DEAN & WALKER, LLP
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