Progressive Specialty Insurance v. Burnette

OPINION AND ORDER

KORNMANN, District Judge.

[¶ 1] This is a case that has spun “out of control.” All material facts are not in dispute. Progressive Specialty Insurance Company (“Insurer”), acting through an insurance agency, sold in Nebraska a policy of automobile insurance to Rodney Bordeaux. Bordeaux was the “insured” but listed on the policy as a “driver” was not only Bordeaux but also Jody Wain (“Wain”). Bordeaux and Wain are enrolled members of the Rosebud Sioux Indi an Tribe, common law spouses as recognized by the Tribe, and residents of the reservation. The policy covered a vehicle…