Modoc Tribe of Oklahoma
The Modoc Tribe of Oklahoma is a federally recognized Indian tribe with sovereign authority to govern its own affairs. In many ways, a tribe functions much like a U.S. state: it has a government, enacts laws, enforces regulations, and oversees commerce within its jurisdiction. Federal law acknowledges this sovereignty through statutes such as the Indian Self-Determination and Education Assistance Act, 25 U.S.C. § 5301 et seq., and the Indian Reorganization Act, 25 U.S.C. § 5101 et seq.
A familiar example of this sovereignty in action is tribal casinos. Just as a state like Nevada licenses and regulates gaming, tribes regulate casinos on their lands under tribal law—even though the patrons are often non-tribal members. State governments generally cannot interfere because the federal government recognizes the tribe’s authority. Insurance under tribal law works in a very similar way. Instead of gaming, the Tribe has established statutory frameworks—including a Tribal Insurance Code—that allow it to license and regulate insurance companies. In effect, the Tribe serves as the insurance regulator, in the same way that Arizona or California has a state insurance department.
Insurance companies often choose to domicile with tribal regulators because of this combination of recognized statutory authority and flexibility in addressing specialized markets. Tribal law allows for the development of innovative products—particularly in the Excess & Surplus (E&S) space—that may not fit neatly into traditional state regulatory frameworks. By forming under the Modoc Tribe’s regulatory structure, companies like Inuity gain the ability to operate lawfully within the Tribe’s jurisdiction, while accessing U.S. markets under surplus lines and export provisions where admitted carriers do not provide coverage.
From a historic perspective, tribal insurance domiciles are part of a broader movement in which Native nations have used their sovereign powers to build self-sustaining economic enterprises. Federal regulations such as 25 C.F.R. Part 83 affirm these governmental powers. For insurers, this model provides a credible and forward-looking regulatory regime—just as tribal casinos became a mainstream, respected part of the U.S. economy, tribal insurance regulation represents a parallel, state-like pathway for innovation and growth.