The following quick reference guides are a summary and are intended to give readers an overview. The summaries are not and should not be taken as legal advice or legal opinion. Although every effort has been made to be accurate, this information and its accuracy cannot be guaranteed. Also, laws do change over time and will apply differently as changes occur. Additionally Hozubin, Moberly, Lynch & Associates does not endorse any website that is linked to in these guides. If you should find a link that is broken, please let us know. These guides are intended to be viewed in Internet Explorer 6 or higher.
General Insurance Quick Reference Guide
Comparative. Jury allocates percentage of fault among all “parties” to the litigation.
AS 09.17.080. (Source)
540 P.2d 1037, 1049 (1975)
Suit against driver of opposing vehicle must be filed within 2-year tort statute of limitations from date of incident to preserve claim under policy. Implied in AS 28.20.445(e)(1) which requires exhaustion of underlying insurance by payment, judgment or settlement.” No way to compel exhaustion if statute of limitations against negligent driver has run. (Source)
Suit against carrier must be filed within 3 year contractual statute of limitations. AS 09.10.053 (Source)
2 years after 18 th birthday for all claims except sexual abuse. AS 09.10.140(a). (Source)
Sexual abuse is 3 years from 18 th birthday which can be extended to 3 years from date of discovery that act or series of acts caused injury. AS 09.10.140(b). (Source)
No statute of limitations for perpetrator of felony sexual abuse of minor. AS 09.10.065 (Source)
1. Except as provided below, the greater of three times the compensatory damages or $500,000.
2. If defendant’s actions motivated by financial gain, the greater of four times the compensatory damages, four times the aggregate amount of financial gain, or $7 Million.
3. Against employer for unlawful employment practices sliding scale determined by number of employees in State of Alaska:
$200,000 – less than 100 employees
$300,000 – 100 to 200 employees
$400,000 – 200 to 500 employees
$500,000 – 500 or more employees
AS 09.17.020(f) (Source)
Punitive Damages &
State of Alaska
May not be awarded against State of Alaska. AS 09.17.020(i)
State receives 50 % of all awards of punitive damages. AS 09.17.020(j) (Source)
No discovery as to punitive damages until jury finds that they are warranted. AS 09.17.020(a) & (e)
Same jury as for compensatory trial but separate proceeding. AS 09.17.020 (a) & (d)
Requires proof by “clear and convincing” evidence. AS 09.17.020(b) (Source)
3 percentage points above the 12 th Federal Reserve District discount rate in effect on January 2 of the year in which the judgment or decree is entered.
For 2008 it is 7.75 %.
AS 09.30.070(a) (Source)
Superior: Unlimited. AS 22.10.020 (Source)
540 P.2d 1037, 1051 (1975)
(a) Noneconomic damages limited to compensation for pain, suffering, inconvenience, physical impairment, disfigurement, loss of enjoyment of life, loss of consortium and other non-pecuniary damage.
(b) Greater of $400,000 or injured person’s life expectancy multiplied by $8,000.
(c) If severe permanent physical impairment or disability involved greater of $1,000,000 or injured person’s life expectancy multiplied by $25,000.
(d) Multiple injuries sustained by one person in single incident are one injury for purposes of this statute.
AS 09.17.010. (Source)
Yes but only as to sources that do not have a right of subrogation by law or by contract.
AS 09.17.070 (Source)
Yes. AS 21.36.360(b)(2) & (3) prohibits claimant or someone assisting the claimant to file documents or make statements containing “false, incomplete, or misleading information concerning a matter material to the claim.”
AS 21.36.365 provides immunity from civil damages for reports “concerning suspected, anticipated, or completed fraudulent acts.”
AS 21.36.380 requires warning as to fraud on claim forms. However, absence of warning is not a defense.
2 years for damage to personal property. AS 09.10.070
3 years for breach of contract. AS 09.10.053
6 years for waste or trespass upon real property. AS 09.10.050
Age 14 can apply for “learners” permit. AS 28.15.051.
Age 16 can apply for “provisional” permit if had “learners” permit for six months, certified to have 40 hours of driving experience including 10 hours in challenging circumstances and no traffic violations in previous six months. AS 28.15.057
Before age 18 may obtain “drivers” license if had valid “provisional” permit for six months and no traffic convictions for six months. AS 28.15.057(a)
“Provisional” permit drivers may not transport passenger unless one is a parent, guardian or person over 21 years of age nor drive between the hours of 1:00 a.m. and 5:00 a.m. unless work-related. AS 28.15.057
Application for minor (under age 18) must be signed by parent or guardian or another adult willing to assume statutory responsibility. Any negligence or willful misconduct by minor driver will be imputed to the adult who signed application for minor. Adult jointly and severally liable with minor. Adult can replace this liability with proof of financial responsibility, e.g. insurance policy. AS 28.15.071
“Prevailing party” awarded attorney fees. Progressive scale set out in Rule based upon size of judgment if money awarded. Percentage of actual if no money judgment awarded. Civil Rule 82
“Prevailing party” awarded costs of litigation. Items allowed and procedure detailed in Civil Rule 79.
Violation of Unfair Claims Practices Act and Regulations does not give rise to cause of action. AS 21.36.125(b)
“Independent Counsel” must be appointed and paid for where carrier reserves right to disclaim coverage. AS 21.89.100
Advances, settlements and judgments must be paid with a negotiable check payable in cash upon presentation to a bank having a physical location in Alaska. 3 AAC 26.070(d) AS 21.89.030
See, http://www.state.ak.us/courts/ which is the State Court System website for significantly helpful information.