The attached 7 pages of regulations dealing with coverage for attorney fees taxable as costs against an insured according to Alaska Rule of Civil Procedure 82, are hereby adopted and certified to be correct copies of the regulations that the Division of Insurance adopts (3 AAC 26.500 - 3 AAC 26.550) and repeals (3 AAC 29.010) under the authority of AS 21.06.090 and AS 21.36.150, to implement, interpret, and make specific AS 21.36.150, AS 21.39.020, 21.39.030, and 21.39.040, and after compliance with the Administrative Procedure Act (AS 44.62), specifically including notice under AS 44.62.190 and 44.62.200 and opportunity for public comment under AS 44.62.210.

I, Marianne K. Burke, the director of insurance, find that limitations of coverage for attorney fees taxable as costs against an insured according to Alaska Rule of Civil Procedure 82 that do not address an insured's reasonable expectations for coverage or do not provide adequate disclosure of the insured's potential uninsured, liability constitute an unfair or deceptive trade act. Therefore, the adoption or repeal of regulations under this order is appropriate.

This regulations adopted under this order take effect on July 1, 1996, as provided in AS 44.62.180.

DATED this 29th day of March, 1996, at Anchorage, Alaska.

Click here for current regulations dealing with: COVERAGE FOR ATTORNEY FEES TAXABLE AS COSTS AGAINST AN INSURED ACCORDING TO ALASKA RULE OF CIVIL PROCEDURE 82