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ALLSTATE INDEM. CO. v. STUMP

No. 97-35822.

191 F.3d 1071 (1999)

ALLSTATE INDEMNITY COMPANY, an Illinois corporation, Plaintiff-Appellant, v. Vina STUMP, as personal representative of the Estate of Harold Stump; Vernon The Boy as personal representative of the Estate of Victor The Boy; and Arthur Windy Boy, Associate Judge, Chippewa Cree Tribal Court, in his official capacity only, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Submission deferred September 28, 1998.

Resubmitted January 8, 1999.

Decided August 19, 1999.

As Amended September 13, 1999.

Attorney(s) appearing for the Case

Mikel L. Moore, Christensen, Moore, Cockrell & Cummings, Kalispell, Montana, for the plaintiff-appellant.

Gary Zadick, Ugrin, Alexander, Zadick, & Higgins, Great Falls, Montana; Daniel Belcourt, Tribal Attorney, Chippewa Cree Tribe, Box Elder, Montana, and Patrick J. Flaherty, Great Falls, Montana, for the defendants-appellees.

Maylinn Smith, Indian Law Clinic, The University of Montana, Missoula, Montana, for the amicus curiae.

Before: SCHROEDER, WIGGINS, and McKEOWN, Circuit Judges.

SCHROEDER, Circuit Judge:

This is a dispute between the estates of deceased members of an Indian tribe and an off-reservation insurer over the insurer's allegedly bad faith denial of insurance coverage for a fatal automobile accident. The accident occurred on a road maintained by the tribe and located on tribal land. The insurer, Allstate, filed this declaratory judgment action in district court to challenge tribal court jurisdiction over the estates' suit against...

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