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Like many other
states, the State of Alaska has some peculiar procedural rules and laws
which are not found in most other states. Some of these unique
features are pointed out here in the hope that this will be helpful to
you. Rather than attempting to recite verbatim the rule, case or
statute in question, we refer you to the Alaska
Legal Resource Center. Since that site updates this material
periodically, it would be duplication of effort for us to do the
same. Following are some of the more common rules, statutes etc.
Unique Rules
Rule 82 - This rule has to do with attorney fees. The
purpose of the rule is to partially compensate the prevailing party in
litigation. The prevailing party can be either the plaintiff or
the defendant. Most of the litigation and amendments have
revolved around the determination of the prevailing party and the
adequacy of compensation. The rule is amended often - much more
often than most - so that one should be careful in using only the
latest edition of the rule and annotations to it. The purpose of
the rule apparently has been to limit litigation and to partially
redress losses sustained by those who are confronted with ill founded
or facetious litigation. The rule has been only partially
successful.
Civil Rule 26
Discovery Rules
Statutes
Cases
CHI of Alaska, Inc. v. Employers
Reinsurance Corporation, 844 P.2d 1113
(Alaska 1993)
- On occasion an insurance company may wish to
defend under a reservation of rights. The
Alaska Supreme Court believes that defense
counsel appointed by the insurance company
cannot properly protect the interests of the
insured under such a situation. Therefore
the insured is given the right to select counsel
of its own choosing, at the expense of the
insurance company. The insurance industry
argued that this would result in high litigation
defense costs and might result in the
appointment by the insured of counsel not well
versed in the area of litigation and defense
practices. For this reason, the Alaska
legislature promulgated AS 21.89.100, which
deals with these and other issues by
establishing minimum standards in the area of
expertise and fees. At least some
insurance companies have recently complained
that the statute does little to actually correct
problems created by the CHI case, and
therefore the industry may approach the
legislature for further remedial action.
Although a reservation of rights should be
issued when justified and when necessary, one
should be circumspect in the use of this device
and should be aware of the significant
ramifications of doing so.
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© 2000, 2001 Pletcher, Weinig & Fisher. All Rights Reserved. Please read this
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