Independent Counsel Statute – AS 21.89.100 provides for the appointment of “independent counsel” in the event of a conflict of interest between the insurer and the insured.
Allocation of Fault – the jury will be asked to allocate fault to each party based upon percentage of fault. AS 09.17.080 Under certain circumstances a non-party may be allocated a percentage of the liability. AS 09.17.080(a)(2)
Punitive Damages – the award of punitive damages requires proof by “clear and convincing evidence” that the behavior was “outrageous” or “evidenced reckless indifference to the interests of another party.” AS 09.17.020(b) . The amount of punitive damages shall be determined in a separate proceeding by the same jury after they have determined that such damages are appropriate. AS 09.17.020(a) & (c) Unless relevant for another issue in the case, there shall be no discovery as to evidence relevant to the amount until after the first phase of jury proceedings. AS 09.17.020(e). Jury awards are subject to certain caps. AS 09.17.020(f) .
Noneconomic Damages – AS 09.17.010 Damages for pain and suffering, lost of consortium, loss of enjoyment of life, physical impairment and other non-pecuniary damages are capped as follows:
- The greater of $400,000 or the claimant’s life expectancy in years multiplied by $8,000; or
- For severe permanent physical impairment or severe disfigurement the greater of $1,000,000 or the claimant’s life expectancy in years multiplied by $25,000.
Attorney Fees – The prevailing party in litigation where a money judgment is awarded shall be awarded attorney fees in accordance with Alaska Civil Rule 82. Under certain circumstances, the terms of an Offer of Judgment may modify the application of this rule.
Offers of Judgment – are governed by Civil Rule 68 and AS 09.30.065 which are identical. Both the plaintiff and the defendant may make an offer of judgment. Once made, an offer may not be revoked or modified for ten (10) days. If not accepted, it is considered withdrawn. If the offeree fails to beat the offer by five (5) per cent at trial, the offeree shall pay all costs allowed under Civil Rule 79 and reasonable actual attorney fees depending upon when the offer was made:
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More than 60 days after both parties made Rule 26 disclosures |
75 per cent |
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More than 60 days after Rule 26 disclosures but more than 90 days before trial |
50 per cent |
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90 days or less but more than 10 days before trial |
30 per cent |
Prejudgment Interest
– begins to run when the complaint is served or when the defendant receives notice that an injury has occurred and that a claim may be brought. AS 09.30.070. The rate is three (3) percentage points above the 12
th Federal Reserve Discount rate in effect on January 2 of the year in which the judgment is entered. For 2004 it is five (5) per cent.
