Contributory/Comparative negligence

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

AS 09.17.080.

Negligence 50/50 Pay?

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

Minimum Liability Limits

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

BI Stat. of Limits

2 years AS 09.10.070(a)

PD Stat. of Limits

2 years AS 09.10.070(a)

WD Stat. of Limits

2 years from date of death AS 09.55.580(a)

UM/UIM Stat. of Limits

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.

Suit against carrier must be filed within 3 year contractual statute of limitations. AS 09.10.053

Minor Child Stat. of Limits

2 years after 18 ^th birthday for all claims except sexual abuse. AS 09.10.140(a).

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).

No statute of limitations for perpetrator of felony sexual abuse of minor. AS 09.10.065

Libel/Slander Stat. of Limits

2 years. AS 09.10.070

Injury expense threshold

?????

Husband/Wife Sue in Tort?

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

Pip/Med Stacking

Yes. Depends upon policy language.

UM Stacking

Yes. AS 28.20.445

UIM Stacking

Yes. AS 28.20.445

Minimum Limits

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

BI Punitive Damages Covered

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)

UM Punitive Damages Covered

Not required. AS 21.89.020(c)(1)

Punitive Damages Cap

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)

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)

Punitive Damages Discovery & Trial

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)

Pre-Judgment Interest

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)

Post-Judgment Interest

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)

Courts

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

Superior: Unlimited. AS 22.10.020

Joint & Several Liability

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

Last Clear Chance

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

No Fault

No

Child Sue Parents?

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

UM Limits Offset

? ? ? ?

Minor Child Negligence

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)

General Damages Cap?

(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.

BAC Level

.08. AS 28.35.030

Subrogate Med Pay

Yes. No specific authority

Subrogate PIP

N/A: no PIP

Seatbelt Defense

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)

Collateral Sources Offset?

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

AS 09.17.070

CDW Owed

??????

Transportation Expense: Total Theft

??????

Physical Contact Enforced

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

Value Policy Law?

Not applicable.

Arson Reporting/Immunity Laws?

Yes. AS 21.89.050

Anti-Fraud Statutes

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.

Appraisal Section of Policy Enforceable?

Yes. No specific authority holding to the contrary.

Statute of Limitations

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

Contractual Suit Limitation in Policy Enforceable?

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)

DOI Timelines

? ? ? ?

Notice of Claim Letter

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).

Respond to All Communications Which Reasonably Indicate a Response Is Expected

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

Respond to Proofs of Claims

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)

Pay Claims

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

How is ACV Determined?

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).

Licensing Requirements?

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

State-Specific Issues?

"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.

See, http://www.northlaw.com/ which is website of Lynch & Associates for claim handling guidelines and updates on Alaska law.