P-and-C Property-and-Casualty : Property and Casualty Insurance Exam Dumps

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Property-and-Casualty Exam Format | Property-and-Casualty Course Contents | Property-and-Casualty Course Outline | Property-and-Casualty Exam Syllabus | Property-and-Casualty Exam Objectives


TOPIC: Overview of Insurance Operations

1. The candidate will understand how insurance companies are organized, their goals, how success is measured, and their functions.

Learning Outcomes

The candidate will be able to:

a) Explain how insurers have organized to provide property-casualty insurance

b) Describe the major goals of an insurer

c) Describe the internal and external constraints that impede insurers from achieving their major goals

d) Describe the measurements used to evaluate how successful an insurer is at meeting its established goals

e) Describe the core and supporting functions performed by insurers



TOPIC: Insurance Regulation

2. The candidate will understand the reasons for and the types of regulation.

Learning Outcomes

The candidate will be able to:

a) Describe the effect each of the following acts and legal decisions have had on insurance regulation: Paul v. Virginia, Sherman Antitrust Act, South-Eastern Underwriters Association, McCarran-Ferguson Act, Insurance Services Office and the Attorneys General Lawsuit, and Gramm-Leach-Bliley Act

b) Explain how insurance regulation protects consumers, contributes to maintaining insurer solvency, and assists in preventing
destructive competition

c) Identify the regulatory activities of state insurance departments and the duties typically performed by state insurance commissioners

d) Describe the arguments for and against federal regulation of insurance

e) Describe the licensing requirements for insurers and insurance personnel

f) Describe the methods that regulators use to maintain the solvency of insurers and to manage insolvencies, and the reasons why insurers become insolvent

g) Describe the goals of insurance rate regulation, the major types of state rating laws, and the reasons supporting and opposing rate regulation

h) Explain how the contract language contained in insurance policies is regulated

i) Explain how the market conduct areas in insurance are regulated and how regulatory activities protect consumers

j) Explain how organizations that act as unofficial regulators affect insurance activities



TOPIC: Insurance Marketing and Distribution

3. The candidate will understand the insurance marketplace and marketing and distribution systems.

Learning Outcomes

The candidate will be able to:

a) Describe the following attributes of the competitive property-casualty insurance marketplace: distinguishing characteristics of insurance customers, insurer marketing differentiations, and unique factors in the insurance marketplace

b) Explain how typical insurer marketing activities are performed and why they are performed

c) Describe the main types of insurance distribution systems and channels, including the principal characteristics that distinguish one distribution system from another

d) Describe the functions performed by insurance producers

e) Describe the key factors an insurer should evaluate during the distribution-system and distribution-channel selection process



TOPIC: The Underwriting Function

4. The candidate will understand the purpose, role, and function of underwriting.

Learning Outcomes

The candidate will be able to:

a) Describe the purpose of underwriting

b) Describe the underwriting activities typically performed by line and staff underwriters

c) Describe the importance of compliance with underwriting authority in individual account selection

d) Describe the constraining factors considered in the establishment of underwriting policy

e) Describe the purposes that underwriting guidelines and underwriting audits serve

f) Describe the steps in the underwriting process

g) Explain how an insurers underwriting results are measured and how financial measures can be distorted



TOPIC: Underwriting Property and Liability Insurance

5. The candidate will understand the different policy considerations in underwriting property and liability insurance policies.
Learning Outcomes

The candidate will be able to:

a) Describe in detail each of the COPE factors used to evaluate property loss exposures

b) Explain how insurable interest, policy provisions for valuing losses, and insurance to value affect a loss payment amount under property insurance

c) Explain how underwriters use policy amount, amount subject, normal loss expectancy (NLE), probable maximum loss (PML),
and maximum foreseeable loss (MFL) to measure potential loss severity

d) Describe the underwriting considerations for business income and extra expense coverage

e) Describe the underwriting considerations and risk control techniques associated with employee dishonesty and crimes
committed by others

f) Describe the loss exposures and the underwriting considerations for commercial general liability insurance

g) Describe the underwriting considerations for personal and commercial auto insurance

h) Describe the key underwriting considerations relevant to the evaluation of submissions for workers compensation insurance

i) Describe the underwriting considerations for umbrella and excess liability insurance



TOPIC: Risk Control and Premium Auditing

6. The candidate will understand the purpose and function of risk control and premium auditing.

Learning Outcomes

The candidate will be able to:

a) Describe the goals of insurer risk control activities

b) Describe the risk control services provided by insurers

c) Explain how risk control cooperates with other insurer functions

d) Explain why premium audits are conducted

e) Describe the premium auditing process

f) Explain why premium audits must be accurate

g) Explain how premium auditing contributes to other insurer functions



TOPIC: The Claim Function

7. The candidate will understand the claim function and related elements.

Learning Outcomes

The candidate will be able to:

a) Identify goals of the claim function, the users of claim information, and the parties with whom claim personnel interact

b) Describe the claim department structure, types and functions of claim personnel, and claim personnel performance measures

c) Describe the key activities in the claim handling process: Acknowledging and assigning the claim, Identifying the policy and
setting reserves, Contracting the insured or the insureds representative, Investigating the claim, Documenting the claim,
Determining the cause of loss, liability, and the loss amount, and Concluding the claim

d) Explain how the law of bad faith relates to an insurers duty of good faith and fair dealing and how the legal environment
affects the law of bad faith

e) Describe the elements of good-faith claim handling



TOPIC: Adjusting Property and Liability Claims

8. The candidate will understand the claim handling process for property and liability claims.

Learning Outcomes

The candidate will be able to:

a) Explain how and why the activities in the framework for handling property claims are accomplished

b) Describe the challenges of handling various types of property claims: Residential dwelling, Residential personal property,
Commercial structure, Business income, Merchandise, Transportation and bailment, and Catastrophe

c) Explain how and why the activities in the framework for handling a liability claim are accomplished

d) Describe the challenges of handling various types of liability claims: Auto bodily injury liability, Auto property damage,
Premises liability, Operations liability, Products liability, Workers compensation, and Professional liability

e) Given a claim, determine coverage for a loss using the framework for coverage analysis and the activities in the claim handling process



TOPIC: Reinsurance

9. The candidate will understand the function and types of reinsurance and its application.
Learning Outcomes

The candidate will be able to:

a) Describe reinsurance and its principal functions

b) Describe the three sources of reinsurance

c) Describe treaty reinsurance and facultative reinsurance

d) Describe the types of pro rata reinsurance and excess of loss reinsurance and their uses

e) Describe finite risk reinsurance and other methods that rely on capital markets as alternatives to traditional and non-traditional reinsurance

f) Describe the factors that should be considered in the design of a reinsurance program

g) Given a case, identify the reinsurance needs of an insurer and recommend an appropriate reinsurance program to address those
needs

h) Explain how reinsurance is regulated



TOPIC: Personal Auto Policy

10. The candidate will understand the role of automobile insurance in society and the contents of the Personal Auto Policy.
Learning Outcomes

The candidate will be able to:

a) Evaluate various laws and systems regarding approaches to compensating automobile accident victims: Tort liability system,
Financial responsibility laws, Compulsory insurance laws, Uninsured motorists coverage, Underinsured motorists coverage,
and No-fault insurance

b) Describe no-fault automobile laws in terms of their types and required benefits

c) Explain how high-risk drivers may obtain auto insurance

d) Describe automobile insurance rate regulation in terms of rating factors, matching price to exposure, competition, and other
regulatory issues

e) Summarize the sections of the Personal Auto Policy

f) Identify the types of information typically contained on the declarations page of a personal auto policy

g) For each of Part A – Liability Coverage, Part B – Medical Payments Coverage, Part C – Uninsured Motorists Coverage, and
Part D – Coverage for Damage to Your Auto: Summarize the provisions; given a case describing a claim, determine if that part
of the coverage applies and, if so, the amount the insurer would pay for the claim

h) Describe underinsured motorist insurance in terms of its purpose and the ways in which it can vary by state

i) Describe the insureds duties following a covered auto accident or loss as shown in Part E

j) Summarize each of the general provisions in Part F

k) Describe the Personal Auto Policy endorsements that are used to handle common auto loss exposures

l) Given a case describing a claim, determine whether the Personal Auto Policy would cover the claim and, if so, the amount the
insurer would pay for the claim



TOPIC: Homeowners Coverage

11. The candidate will understand the contents of the ISO Homeowners Program and describe some specialty plans.
Learning Outcomes

The candidate will be able to:

a) Describe how individuals and families can use the ISO 2011 Homeowners insurance program to address their personal risk
management needs

b) Summarize the structure of the Homeowners Policy (HO-3), key changes in the ISO 2011 program revision, and factors
important to rating homeowners insurance

c) Determine whether the 2011 HO-3 policy provisions in Section I – Property Coverages provide coverage for a given loss or
loss exposure: Coverage A – Dwelling, Coverage B – Other Structures, Coverage C – Personal Property, Coverage D – Loss of
Use, and additional coverages

d) Summarize the 2011 HO-3 policy provisions concerning Perils Insured Against and Exclusions

e) Summarize each of the 2011 HO-3 policy provisions in Section I – Conditions

f) Given a scenario describing a homeowners property claim, determine whether the 2011 HO-3 Policy Section I – Property
Coverages would cover the claim and, if so, the amount the insurer would pay for the claim

g) Determine whether the 2011 HO-3 policy provisions in Section II – Liability Coverage provide coverage for a given loss or
loss exposure: Coverage E – Personal Liability, Coverage F – Medical Payments to Others, and additional coverages

h) Determine whether one or more exclusions preclude the coverage provided by Section II of the 2011 HO-3 policy provisions
in Section II – Exclusions

i) Summarize the 2011 HO-3 policy provisions concerning Conditions applicable to Section II and Conditions applicable to
Sections I and II

j) Given a case describing a homeowners liability claim, determine whether the 2011 HO-3 policy Section II – Liability
Coverage would cover the claim, and if so, the amount the insurer would pay for the claim

k) Compare the coverage provided by each of the following 2011 Homeowners policies to the coverage provided by the 2011
HO-3 policy: HO-2 Broad Form, HO-5 Comprehensive Form, HO-4 Contents Broad Form, HO-6 Unit-Owners Form, and
HO-8 Modified Coverage Form

l) Summarize the coverages provided by the various 2011 ISO Homeowners policy endorsements

m) Given a case describing a homeowners claim, determine whether a 2011 HO-3 Policy that may include one or more
endorsements would cover the claim, and, if so, the amount the insurer would pay for the claim

n) Describe the operation of the National Flood Insurance Program and the coverage it provides

o) Describe the operation of FAIR plans and beachfront and windstorm plans and the coverage they provide



TOPIC: Commercial Property Insurance

12. The candidate will understand the nature of Commercial Property Insurance.

Learning Outcomes

The candidate will be able to:

a) Describe commercial property insurance in terms of the major categories of loss exposures that can be covered and the
components of a commercial property coverage part

b) Determine whether a described item of property qualifies as Covered Property under one or more of these categories in the
Building and Personal Property Coverage Form: Building, Your Business Personal Property, and Personal Property of Others

c) Determine which of the additional coverages and coverage extensions of the Building and Personal Property Coverage Form
apply to a described loss

d) Determine whether the cause of a described loss is a covered cause of loss under the Causes of Loss – Basic Form or the
Causes of Loss – Broad Form

e) Determine whether the cause of a described loss is a covered cause of loss under the Causes of Loss – Special Form

f) Apply the Limits of Insurance and Deductible provisions of the Building and Personal Property Coverage Form to a described
loss

g) Explain how each of the Loss Conditions and Additional Conditions affects coverage under the Building and Personal Property
Coverage Form

h) Explain how each of the following optional coverages described in the BPP modifies the basic coverage of the BPP: Agreed
Value, Inflation Guard, Replacement Cost, and Extension of Replacement Cost to Personal Property of Others

i) Summarize each of the Commercial Property Conditions

j) Explain how each of the conditions contained in the Common Policy Conditions affects coverage under a commercial property
coverage part

k) Explain how each of these documents modifies the Building and Personal Property Coverage Form: Ordinance or Law
Coverage endorsement, Spoilage Coverage endorsement, Flood Coverage endorsement, Earthquake and Volcanic Eruption
Coverage endorsement, Peak Season Limit of Insurance endorsement, and Value Reporting Form

l) Identify the factors that affect commercial property insurance premiums

m) Given a case, determine whether, and for what amount, a described loss would be covered by a commercial property coverage
part that includes the Building and Personal Property Coverage Form and any of the three causes of loss forms



TOPIC: Commercial General Liability Insurance

13. The candidate will understand the nature of Commercial General Liability Insurance.

Learning Outcomes

The candidate will be able to:

a) Describe commercial general liability insurance in terms of the types of losses that can be covered by general liability
insurance and the components of a commercial general liability coverage part

b) Determine whether a described claim meets the conditions imposed by the Coverage A insuring agreement of the Commercial
General Liability Coverage Form (occurrence version)

c) Determine whether any of the exclusions applicable to Coverage A of the Commercial General Liability Coverage Form
eliminate coverage for a described claim

d) Determine whether a described claim meets the conditions imposed by the Coverage B insuring agreement of the Commercial
General Liability Coverage Form and whether any of the Coverage B exclusions eliminate coverage for the claim

e) Determine whether a described claim meets the conditions imposed by the Coverage C insuring agreement of the Commercial
General Liability Coverage Form and whether any of the Coverage C exclusions eliminate coverage for the claim

f) Summarize the supplementary payments of the Commercial General Liability Coverage Form

g) Determine whether a described person or organization is an insured under the Commercial General Liability Coverage Form

h) Explain how the following limits of insurance in the CGL Coverage Form are applied: Each occurrence limit, Personal and
advertising injury limit, Damage to premises rented to you limit, Medical expense limit, General aggregate limit, and Productscompleted operations aggregate limit

i) Apply the Commercial General Liability Conditions to claims or other interactions between the insurer and the insured

j) Explain how the premium for CGL coverage is determined

k) Given a case, determine whether, and for what amount, the Commercial General Liability Coverage Form (occurrence version)
covers a described claim



TOPIC: Commercial Auto Insurance

14. The candidate will understand the nature of Commercial Auto Insurance.

Learning Outcomes

The candidate will be able to:

a) Describe commercial auto insurance in terms of the loss exposures that can be covered and the components of a commercial
auto coverage part

b) Select the symbols needed to provide a described organization with appropriate commercial auto coverage(s) under the
Business Auto Coverage Form

c) Summarize the provisions contained in Section II – Covered Autos Liability Coverage of the Business Auto Coverage Form

d) Summarize the provisions contained in Section III – Physical Damage of the Business Auto Coverage Form

e) Describe the conditions contained in the business Auto Coverage form

f) Describe the following coverages that may added by endorsement to the Business Auto Coverage Form: medical payments,
personal injury protection and added personal injury protection, and uninsured and underinsured motorists

g) Explain how private passenger vehicles and trucks, tractors, and trailers are rated for commercial auto coverage

h) Given a case, determine whether, and for what amount, the Business Auto Coverage Form covers a described claim



TOPIC: Workers Compensation and Employers

Liability Insurance

15. The candidate will understand workers compensation and employers liability coverages.

Learning Outcomes

The candidate will be able to:

a) Describe workers compensation statutes in terms of: Basic purpose, Benefits provided, and Persons and employments covered

b) Describe workers compensation statutes in terms of: Extraterritorial provisions, Federal jurisdiction, and Methods for meeting employers obligations

c) Summarize these sections of the Workers Compensation and Employers Liability Insurance Policy: Information Page, General
Section, and Part One – Workers Compensation Insurance

d) Explain why employers liability insurance is needed and how the Workers Compensation and Employers Liability Insurance
Policy addresses this need

e) Describe the purpose and operation of Part Three – Other States Insurance in the Workers Compensation and Employers
Liability Insurance Policy

f) Describe the need for and the coverage provided by the Voluntary Compensation and Employers Liability Coverage
Endorsement and the Longshore and Harbor Workers Compensation Act Coverage Endorsement

g) Explain how premium bases, classifications, and premium adjustments affect the rating of workers compensation insurance

h) Given a case, determine whether the Workers Compensation and Employers Liability Insurance Policy covers a described
injury or illness and, if so, what types of benefits or what amount of damages is covered



TOPIC: Specialty Coverages

16. The candidate will understand various specialty coverages.

Learning Outcomes

The candidate will be able to:

a) Describe commercial excess liability insurance and commercial umbrella liability insurance in terms of: The three basic types
of commercial excess liability insurance and The provisions commonly found in commercial umbrella liability policies that
distinguish them from other types of commercial liability policies

b) Describe professional liability insurance and management liability insurance in terms of: How they differ from each other,
How they differ from commercial general liability policies, and The common types of professional and management liability
policies

c) Describe the purpose and characteristics of each of these types of environmental insurance policies: Site-specific
environmental impairment liability (EIL) policies, Underground storage tank compliance policies, Remediation stop-loss
policies, Contractors pollution liability policies, and Environmental professional errors and omissions liability policies

d) Describe aircraft insurance in terms of: The purpose-of-use categories that insurers use to classify aircraft and The coverages that can be included in an aircraft policy

e) Describe the types of losses that can be covered by each of the insuring agreements generally available in cyber risk insurance policies

f) Explain how an organization domiciled in the United States can insure foreign loss exposures that would not be covered under
standard property and liability insurance policies

g) Summarize the purpose and provisions of the terrorism endorsements developed by Insurance Services Office, Inc., and the
National Council on Compensation Insurance, Inc.

h) Summarize the guarantee provided by the particular types of surety bonds within the following bond classifications: Contract
bonds, License and permit bonds, Public official bonds, Court bonds, and Miscellaneous bonds



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P-and-C Property questions

 

Texas House, Senate at impasse on tax plans; human smuggling bill could still get OK

Gov. Greg Abbott and Lt. Gov. Dan Patrick argue over property tax relief plans

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    Though the Texas House opened and closed the Legislature's special session in a single day last week after passing two of Gov. Greg Abbott's priorities — advancing tax relief and boosting border security — the Senate is expected to take up one the measures this week. However, the proposals' fates remain in the air.

    Both legislative chambers are at an impasse over how to deliver tax relief, but lawmakers seem to be in agreement on increasing penalties for human smugglers. A few hours after the Legislature's regular session ended May 29 without some GOP priorities advancing to the governor's desk to become law, Abbott called a 30-day special session to hammer out proposals to give Texas taxpayers up to $17.6 billion in tax relief and enhance punishment for those who help people illegally sneak into the country through the Texas-Mexico border.

    Lt. Gov. Dan Patrick speaks at the Texas Public Policy Foundation on Tuesday May 30, 2023. © Jay Janner / American-Statesman Lt. Gov. Dan Patrick speaks at the Texas Public Policy Foundation on Tuesday May 30, 2023.

    Two significant developments expected Tuesday in the Senate could decide if any bills will make it out of the special session after the House's surprise decision May 30 to adjourn when it approved a "take or leave it" property tax plan.

    At 8:30 a.m. Tuesday, the Senate Border Security Committee is scheduled to meet, and at 6 p.m., the full Senate will convene. The border security panel will take up the second of Abbott's two priorities for the special session: legislation to increase criminal penalties for human smuggling, and to target anyone involved in operating so-called stash houses where migrants who have been smuggled into the United States stay before making it to their final destinations in the country.

    Because the House passed the same border security legislation with almost no debate before adjourning, the Senate committee could simply accept the lower chamber's version of the bill and forward it to the full chamber for consideration.

    More: Texas House rejects Senate tax plan, OKs its own and ends its part in special session

    Sen. Pete Flores, the Pleasanton Republican who is the committee's vice chairman and is carrying the smuggling legislation, declined to speculate on the legislative tactics or timing, but said he was hopeful the measure would reach Abbott's desk.

    "Border security is a major concern to all Texans and the Legislature, and we will continue to work diligently to pass effective legislation that protects our state and secures our border," Flores said through an aide in response to questions regarding how fast the legislation might move. "And how we do that will be determined in the following weeks."

    Unlike with the human smuggling legislation, the chambers remain at odds on property tax reform. And Lt. Gov. Dan Patrick, the three-term Republican who presides over the Senate, has made clear that the House plan is a nonstarter for the upper chamber.

    The House plan focuses on reducing the rate at which school districts may tax property, while the Senate wants to increase the homestead exemption to $100,000 for most homeowners and implement a more modest school reduction on the tax rate.

    Abbott has endorsed the House's proposal, leaving Patrick and the Senate as the odd ones out.

    When the full Senate convenes at 6 p.m. Tuesday, it's possible the chamber, which often votes to suspend rules designed to slow down legislation, might take up the smuggling bill sent over by the House. But Patrick has shown no sign he'll cave to the House's tax plan, regardless of Abbott's stated eagerness to sign it into law.

    With the state sitting on a whopping $33 billion surplus and money already set aside in the recently passed state budget to offset reductions in local property taxes, Republican leaders are under pressure to come to an agreement to return about half of that surplus to taxpaying Texas. Abbott has signaled he'll keep lawmakers in the Capitol for as long as it takes to settle on a plan.

    More: Why the wary alliance of Greg Abbott and Dan Patrick is now approaching open hostility

    Sen. Paul Bettencourt, the Senate's tax plan architect, while appearing on Dallas news station WFAA over the weekend said behind-the-scenes negotiations might be the key to resolving the protracted conflict.

    "As best I can tell, there's talks happening informally. There's talks happening on Twitter. There's talks happening on Facebook. There's talks happening in the media," Bettencourt said. "Yes, there's talks happening, but I think it's important just to take all the froth out of any discussion and just say, 'What's best for Texas taxpayer?'"

    John C. Moritz covers Texas government and politics for the USA Today Network in Austin. Contact him at jmoritz@gannett.com and follow him on Twitter @JohnnieMo.

    This article originally appeared on Corpus Christi Caller Times: Texas House, Senate at impasse on tax plans; human smuggling bill could still get OK


    Utah tribe says state conspired to stop purchase of ancestral land

    About half of the more than 3,000 Ute Indian Tribe’s members live on the Uintah and Ouray Reservation in northeastern Utah. The tribe owns the rights to the minerals on some of Tabby Mountain’s parcels and oversees significant oil and gas deposits. Photo courtesy of Utah Division of Wildlife Resources/Facebook © of Utah Division of Wildlife Resources/Facebook About half of the more than 3,000 Ute Indian Tribe’s members live on the Uintah and Ouray Reservation in northeastern Utah. The tribe owns the rights to the minerals on some of Tabby Mountain’s parcels and oversees significant oil and gas deposits. Photo courtesy of Utah Division of Wildlife Resources/Facebook

    SALT LAKE CITY, June 6 (UPI) -- The Ute Indian Tribe of the Ouray and Uintah Reservation has filed a lawsuit alleging Utah state agencies conspired to stop it from buying Tabby Mountain, a 28,500-acre piece of its ancestral land, even though it submitted the high bid of $47 million.

    The suit claims the defendants arranged in 2019 for the Utah Department of Natural Resources, which was the only other bidder, to submit a second bid that was higher than the tribe's but also a sham because the agency did not have enough money to make the purchase.

    DNR and Utah School and Institutional Trust Lands Administration officers "immediately began working behind the scenes to try to figure out a way to stop the sale to Indians," the suit says.

    "That behind-the-scenes response was quintessential discrimination based upon race, ethnicity, national origin and religion," the tribe alleges in the suit, which was filed in May in U.S. District Court in Salt Lake City.

    If the sale had gone through, the tribe's intent was to allow its members to use the land for cultural and religious purposes and to hunt and trap there, according to the suit.

    SITLA is an independent administrative agency that manages Utah's trust lands to generate revenue that funds the state's public schools and some higher education organizations.

    The suit seeks a declaration by the court that SITLA's decision not to sell the land to the tribe was based on unlawful discrimination, an order requiring the agency to sell the land to the tribe and an award of unspecified monetary damages.

    SITLA and DNR deny the suit's allegations.

    "The 2019 sales effort was suspended in the face of criticisms from our beneficiaries about the appraisal and marketing process on such a large and unique block, along with questions concerning the state's desire to ensure continued public access to the land," SITLA said in a statement.

    "SITLA greatly appreciates its relationship with the Ute Tribe and its interest in this block. SITLA retains the property and continues to evaluate potential win-win outcomes."

    The DNR said it has worked cooperatively with the Ute Tribe for many years and is "saddened" the tribe feels mistreated in the Tabby Mountain matter.

    "Preserving public access and maintaining habitat for wildlife have been and continue to be the singular goals of acquiring this property," the agency said in a statement.

    "Racial discrimination did not play any role. The Utah Division of Wildlife Resources currently has a Tabby Mountain Wildlife Management Area. This proposed purchase would have added this land to the WMA to provide public access for wildlife-watching and hunting. DNR's bids were made in good faith, and the money pledged in those bids would have been paid to SITLA had the property been transferred to DNR."

    About half of the more than 3,000 Ute Indian Tribe's members live on the Uintah and Ouray Reservation in northeastern Utah. The tribe owns the rights to the minerals on some of Tabby Mountain's parcels and oversees significant oil and gas deposits.

    If the tribe had acquired the surface estate, the land would have been open to use by all members equally, based on its collective ownership law, the suit says.

    Tabby Mountain and the plants, natural resources, springs and medicines found on that property have unique religious and spiritual significance to the tribe and to tribal members, according to the suit.

    "Members of the Ute Indian Tribe have a distinct religious/spiritual history, and all or many Ute members continue to practice that religion to varying extents," the suit says. "The tribe's religious practices are independent from the Abrahamic religions or any other religions which originated outside of the Americas."

    The suit says the SITLA Board of Trustees concluded unanimously in December 2018 that selling the land for a minimum bid of $41 million was in the best interests of the trust. All eligible bidders had until 5 p.m. Feb. 15, 2019, to mail a sealed bid, signed order of purchase and $1 million earnest money deposit to the agency.

    The Ute Tribe's bid was $46,976,000 and DNR's bid was $41 million, the suit says. The tribe said in a press release that it obtained documents cited in the suit through Utah's state open records laws.

    "DNR disclosed in its bid that it did not even have the resources to pay the amount it had bid, and that its bid was therefore contingent on it receiving money from both the United States and the Utah legislature," the suit says.

    A few days later, members of the Land Trust Protection and Advocacy Committee expressed concerns that if the tribe owned Tabby Mountain, "Indians would control access to the land and could prevent non-Indians from accessing the land," the suit says.

    SITLA allowed DNR to submit a new bid of $50 million, then publicly announced it was temporarily suspending the sale to review questions about marketing and appraisal, the suit says. After that, records show the only substantial action SITLA allegedly took was to seek to find other ways to sell the land to a buyer other than the tribe.

    Citing the documents it had obtained, "the tribe alleges that SITLA's claimed reason for 'suspending' the sale was transparent pretext, to attempt to hide from the tribe and the public the fact that SITLA was refusing to sell to the tribe based upon obvious and unlawful discrimination against the Ute Indian Tribe," the tribe's press release says.

    The suit alleges SITLA is holding the sale in a suspended status because canceling it would be a final agency action, which would permit the tribe or trust beneficiaries to appeal to state courts.

    "The tribe and its members reasonably relied upon the expectation that SITLA's representation to the public and to the tribe, that SITLA was only temporarily suspending the sale while it reviewed appraisal and marketing issues was truthful," the suit says.

    "The tribe and its members have been harmed by their reasonable reliance."


     




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