Alaska Administrative Code
Title 3 - Commerce, Community, and Economic Development
Part 2 - Division of Insurance
Chapter 26 - Trade Practices
Article 4 - Coverage for Attorney Fees Taxable as Costs Against an Insured According to Alaska Rule of Civil Procedure 82
3 AAC 26.510 - Policy with a right or duty to defend

Universal Citation: 3 AK Admin Code 26.510

Current through February 24, 2025

A policy under which an insurer has a right or duty to provide a defense for an insured for liability for which the policy provides coycraee must provide coverage for the payment of attorney fees taxable as costs against the insured under Alaska Rule of Civil Procedure 82,

(1) except as provided in 3 AAC 26.525 and 3 AAC 26.535; and

(2) subject to the following minimum limits:

(A) as an additional amount of coverage, a policy that provides a defense in addition to an aplicable limit of liability must provide for payment of attorney fees awarded as costs against an insured under Alaska Rule of Civil Procedure 82 that is not less than the amount calculated by applying the schedule for contested cases in Alaska Rule of Civil Procedure 82(b)(1) to the limit of liability of the applicable coverage;

(B) as an additional amount of coverage, a policy that provides a defense within an applicable limit of liability less than $1,000,000 must provide for payment of attorney fees awarded as costs against an insured under Alaska Rule of Civil Procedure 82 that is not less than the greater of
(i) the amount calculated by applying the schedule for contested cases in Alaska Rule of Civil Procedure 82(b)(1) to the limit of liability of the applicable coverage; or

(ii) $10,000;

(C) a policy that provides a defense within an applicable limit of liability of $1,000,000 or more may include within its applicable limit of liability coverage for attorney fees awarded as costs against an insured under Alaska Rule of Civil Procedure 82.

Authority:AS 21.06.090

AS 21.36.900

AS 21.42.120

AS 21.42.130

AS 21.42.160

Disclaimer: These regulations may not be the most recent version. Alaska may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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