Because of the various state and federal regulations, and judicial decisions interpreting treaties and regulating Indian affairs, title to land now or formerly owned or occupied by an individual Indian, Indian tribe, or other Indian entity creates an extraordinary amount of risk and requires an extensive amount of research, review and specific knowledge of the subject before it may be insured. Guidelines for insurability will vary from state to state.
Risks generally revolve around the failure to treat Indian titles carefully, according to the particular federal laws which apply to Indian land titles. Title 25 United States Code and federal regulations specifically address Indian matters and require strict adherence. In many states, the Company considers Indian lands uninsurable. However, upon specific approval from Agents National Title, the Company may agree to insure these lands subject to specific Indian claims and any other applicable limitations. The agent must be alert to instances where Indian land or former Indian lands were later acquired by non-Indians, or any instance where an Indian was involuntarily divested of the land to non-Indian purchasers. Before insuring Indian land titles, the Company requires that the agent submit a Policy Authorization Request for Unusual Underwriting Risks to Agents National Title Underwriting counsel for written authorization.