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 26.550 - Required notice
Universal Citation: 3 AK Admin Code 26.550
Current through February 24, 2025
(a) A policy issued by an insurer that limits coverage as permitted under 3 AAC 26.510 - 3 AAC 26.535 must include a policyholder notice regarding Alaska Rule of Civil Procedure 82.
(b) The notice required by (a) of this section must
(1) conform with the division's
(A) Attorney Fees Coverage Notice A, dated
March 29, 1996, and hereby adopted by reference, for a policy with a right or
duty to defend in addition to an applicable limit of liability;
(B) Attorney Fees Coverage Notice B, dated
March 29, 1996, and hereby adopted by reference, for a policy with a right or
duty to defend within an applicable limit of liability;
(C) Attorney Fees Coverage Notice C, dated
March 29, 1996, and hereby adopted by reference, for an indemnity policy that
covers defense costs within an applicable limit of liability;
(D) Attorney Fees Coverage Notice D, dated
March 29, 1996, and hereby adopted by reference, for a policy with no defense
cost obligations;
(E) Attorney
Fees Coverage Notice E, dated August 14, 2020, and hereby adopted by reference,
for an indemnity policy that covers defense costs in addition to an applicable
limit of liability; or
(F) Attorney
Fees Coverage Notice F, dated August 14, 2020, and hereby adopted by reference,
for a policy providing defense-pnly coverage; or
(2) be approved in writing by the director
upon a determination that the proposed notice
(A) substantially equivalent to the
division's Attorney Fees Coverage Notice A, B, C, D, E, or F; or
(B) provides notice similar in detail and
format to the division's Attorney Fees Coverage Notices, but with terms related
to the coverage for attorney fees taxable as costs against the insured under
Alaska Rule of Civil Procedure 82 that
(i)
reflect the anplication of cost-sharing provisions permitted under
3
AAC 26.535; or
(ii) are more favorable than the terms
described in the division's notices.
Authority:AS 21.06.090
AS 21.36.900
AS 21.42.120
AS 21.42.130
AS 21.42.160
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