General Insurance Quick Reference Guide

Comparative. Jury allocates percentage of fault among all “parties” to the litigation.

AS 09.17.080. (Source)

“Pure” comparative. Plaintiff can recover as little as 1 per cent. Kaatz v. State
540 P.2d 1037, 1049 (1975)

50/100/25 providing coverage within U.S. and Canada. AS 28.20.440(b)(2) (Source)

2 years AS 09.10.070(a) (Source)

2 years AS 09.10.070(a) (Source)

2 years from date of death AS 09.55.580(a) (Source)

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)

2 years. AS 09.10.070 (Source)

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Yes. Cramer v. Cramer, 379 P.2d 95 (1963)

Yes. Depends upon policy language.

Yes. AS 28.20.445 (Source)

Yes. AS 28.20.445 (Source)

50/100/25. AS 28.20.440(b)(2) (Source)

Yes unless specifically excluded by the terms of the insurance policy. Providence Washington Ins. Co. of Alaska v. City of Valdez, 684 P.2d 861, 863 (1984)

Not required. AS 21.89.020(c)(1) (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)

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)

Accrues at same rate as post-judgment interest. Runs from the earlier of (a) written notice to potential defendant that suit may be filed; or (b) date of service of process. AS 09.30.070(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)

District: $100,000 exclusive of cost, interest and attorney fees. AS 22.14.030(a)(1) (Source)
Superior: Unlimited. AS 22.10.020 (Source)

No. It is several liability based upon parties’ percentage of fault. AS 09.17.080(d). (Source)

No. Eliminated as result of adoption of “comparative negligence.” Kaatz v. State
540 P.2d 1037, 1051 (1975)

No

Yes. Hebel v. Hebel, 435 P.2d 8
Alaska (1967).

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Child is held to the standard of care of a reasonable person of the same “age, intelligence, and experience under like circumstances” except “where the child engages in an activity which is normally undertaken only by adults, and for which adult qualifications are required.” For example, if a child drives a car, age and inexperience may not excuse the child from liability for driving in a negligent manner. Ardinger v. Hummell 982 P.2d 727, 731 (1999)

(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)

.08. AS 28.35.030 (Source)

Yes. No specific authority

N/A: no PIP

No. If defendant can demonstrate that plaintiff would have suffered less severe injuries by using operable seat belt, jury can consider for purposes of reducing damages. Hutchins v. Schwartz, 724 P.2d 1194, 1199 (1986)

Yes but only as to sources that do not have a right of subrogation by law or by contract.

AS 09.17.070 (Source)

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??????

Yes. AS 28.20.445(f). Wold v. Progressive Preferred Ins. Co., 52 P.3d 155 (2000)

Not applicable.

Yes. AS 21.89.050

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.

Yes. No specific authority holding to the contrary.

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

Insurer must demonstrate that it has been prejudiced by the insured’s failure to file suit, give notice of claim, file proof of loss or to cooperate within time limits set out in insurance contract before those will be enforced. Estes v. Alaska Ins. Guar. Association, 774 P.2d 1315, 1318 (1989)

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Within 10 working days of receipt of notice of claim for both first- and third-party claimants. 3 AAC 26.040(a)(1) & (b)(1).

Within 10 working days of receipt for both first- and third-party claimants. 3 AAC 26.040(a)(2) & (b)(2).

For first-party claimant, within 15 working days unless extension of time is sought prior to the expiration of that time giving the reasons more time is needed. 3 AAC 26.070(a)(1)

For first-party claims, pay amounts not in dispute within 30 working days. 3 AAC 26.070(a)(2)

ACV or “fair market value” is the amount at which property would change hands, between a willing buyer and a willing seller, neither being under compulsion to buy or sell and both having reasonable knowledge of the relevant facts. Fortson v. Fortson, 131 P.3d 451, 462 (2006).

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.