Indian Tribal Conflict Resolution and Tort Claims and Risk Management Act of 1998: Hearing Before the Committee on Indian Affairs, United States Senate, One Hundred Fifth Congress, Second Session, on S. 2097 ... July 15, 1998, Washington DC.U.S. Government Printing Office, 1999 - 348 pages |
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Page 121
... insurance " in the conventional sense , the FTCA operates in a way similar to insurance by protecting covered entities and individuals from direct and personal tort liability , thus reducing or eliminating the need for commercially ...
... insurance " in the conventional sense , the FTCA operates in a way similar to insurance by protecting covered entities and individuals from direct and personal tort liability , thus reducing or eliminating the need for commercially ...
Page 122
... FTCA coverage to tribes and tribal organizations do not appear to have been fully realized . For a number of years after FTCA coverage was extended to self - determination contractors , tribal representatives expressed concern about the ...
... FTCA coverage to tribes and tribal organizations do not appear to have been fully realized . For a number of years after FTCA coverage was extended to self - determination contractors , tribal representatives expressed concern about the ...
Page 126
... FTCA and private liability insurance ; 2 ( 3 ) their proximity to one another ; 3 and ( 4 ) the amount of P.L. 93-638 funding they received . * The three areas selected for site visits were the southwestern United States ( New Mexico ...
... FTCA and private liability insurance ; 2 ( 3 ) their proximity to one another ; 3 and ( 4 ) the amount of P.L. 93-638 funding they received . * The three areas selected for site visits were the southwestern United States ( New Mexico ...
Page 128
... coverage available under the FTCA , the potential need for private liability insurance to supplement FTCA coverage , and strategies to help tribes reduce private insurance costs . The handbook was included in our final report . Our ...
... coverage available under the FTCA , the potential need for private liability insurance to supplement FTCA coverage , and strategies to help tribes reduce private insurance costs . The handbook was included in our final report . Our ...
Page 129
... coverage they need to supplement their FTCA immunity may be compounded by what they describe as inconsistencies in how Federal personnel determine that particular claims are covered under the FTCA . Tribes , tribal organizations , and ...
... coverage they need to supplement their FTCA immunity may be compounded by what they describe as inconsistencies in how Federal personnel determine that particular claims are covered under the FTCA . Tribes , tribal organizations , and ...
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Common terms and phrases
1996 Regulations activities agreement or compact alternative dispute resolution Amendments Apesanahkwat Ben Nighthorse Campbell bill Center for Health Chairman claimant clients Committee Congress contract contractors and compactors cost covered decision determination develop duplicative Education Assistance Act Federal agency Federal employees Federal government Federal Tort Claims filed FMCS FTCA claims FTCA coverage George Washington University health centers Health Policy Research IBIA Indian Affairs Indian Self-Determination Indian tribes individual injury insurance companies intergovernmental Interior involved issues jurisdiction legislation liability coverage litigation medical malpractice Native American negotiations non-Indian Office panel parties premiums private liability insurance problems procedures programs purchase retail taxes Risk Management Act Secretary Self-Determination and Education self-determination contractors Senator GORTON Title Tort Claims Act tort liability tribal clinic tribal contractors tribal court tribal governments tribal organizations tribal representatives tribal sovereign immunity tribe or tribal tribes and tribal U.S. Attorney United Ute Tribes Washington
Popular passages
Page 210 - Any claim based upon an act or omission of an employee of the Government, exercising due care, in the execution of a statute or regulation, whether or not such statute or regulation be valid, or based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the Government, whether or not the discretion involved be abused.
Page 210 - ... based upon the exercise or performance or the failure to exercise or perform a discretionary functi'on or duty on the part of a federal agency or an employee of the Goverr., ment, whether or not the discretion involved be abused.
Page 310 - Union, the United States has recognized Indian tribes as domestic dependent nations under its protection. In treaties, our Nation has guaranteed the right of Indian tribes to self-government. As domestic dependent nations, Indian tribes exercise inherent sovereign powers over their members and territory.
Page 214 - Indian population to be served by such organization) and which includes the maximum participation of Indians in all phases of its activities. (f) "Urban Indian...
Page 274 - Any claim arising out of assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit, or interference with contract rights.
Page 133 - ... because of the FTCA. 2. Some tribes and tribal organizations involved in PL 93-638 contracting, however, may not have fully realized the benefits of the FTCA, because of the uncertainty, confusion, and lack of understanding among tribes, brokers, and insurance companies as to what activities are covered by the FTCA, when private sector coverage is unnecessary or duplicative, or how a FTCA claim proceeds through the system. This problem persists despite the publication of regulations under Title...
Page 259 - For the purpose of this subsection, "investigative or law enforcement officer" means any officer of the United States who is empowered by law to execute searches, to seize evidence, or to make arrests for violations of Federal law.
Page 255 - If the answer to any of these questions is no, then the activity and the document need to be carefully reviewed as a candidate for elimination.
Page 259 - That, with regard to acts or omissions of investigative or law enforcement officers of the United States Government, the provisions of this chapter and section 1346(b) of this title shall apply to any claim arising, on or after the date of the enactment of this proviso, out of assault, battery, false imprisonment, false arrest, abuse of process, or malicious prosecution. For the purpose of this subsection, "investigative or law enforcement officer...
Page 225 - If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary.