A. The Tribal Gaming Authority shall maintain an employment practices liability insurance policy consistent with industry standards for nontribal casinos and underwritten by an insurer with an A.M. Best rating of A or higher which provides coverage of at least three million dollars ($3,000,000.00) per occurrence for unlawful employment discrimination arising out of the claimant’s employment in, in connection with, or relating to the operation of, the Tribe’s Class III gaming business.

B. The employment practices liability insurance policy shall acknowledge in writing the limited waiver of sovereign immunity and all defenses based thereon set forth in Article VII of this chapter for the purpose of adjudication of claims for employment discrimination up to three million dollars ($3,000,000.00) and for the purpose of enforcement of any ensuing award or judgment and shall include an endorsement providing that the insurer shall not invoke Tribal sovereign immunity up to three million dollars ($3,000,000.00); however, such endorsement or acknowledgment shall not be deemed to waive or otherwise limit the Tribe’s sovereign immunity for any portion of a claim that exceeds three million dollars ($3,000,000.00). (Res. 2023-04; Res. 2019-45)