Appeals court reverses ruling in reservation fire

FARGO, N.D. (AP) — An appeals court has reversed a ruling that would have allowed family members of two people killed in a house fire on the Turtle Mountain Indian Reservation to sue an insurance company.

A federal judge in 2008 refused to throw out a wrongful death and personal injury claim filed in tribal court against Amerind Risk Management Corporation. It was filed by tribal members Myrna Malaterre, Carol Belgarde and Lonnie Thompson.

Malaterre and Belgarde lost daughters in the 2002 fire. Thompson was injured.

A three-judge panel of the 8th U.S. Circuit Court of Appeals ruled 2-1 that Amerind could not be sued in tribal court. A dissenting judge called it a "perverse result."

Tom Dickson, an attorney for the tribal members, says he will appeal to the entire 8th Circuit.

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