Page 284 - ALTA Endorsements Guide
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ALTA 48
Tribal Waivers and Consents Endorsement
The ALTA 48 is intended to address the issue of the sovereign immunity of a Native American Tribe.
The purpose of the waiver provisions in the ALTA 48 is to provide the title insurer with an avenue
for legal recourse in state or federal court in the event of a policy claim or coverage dispute when
insuring land owned by a Tribe, or an entity in which the Tribe has an ownership interest (“Tribal
Entity”).
The endorsement provides that with regard to any action or proceeding arising out of or related to
the policy, the Tribe or Tribal Entity waives its sovereign immunity from suit, waives defenses for
failure to exhaust remedies in courts of the Tribe, and further consents to jurisdiction and venue of
federal and state courts. This endorsement is available for owner’s policies only.
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