Alaska Supreme Court
Daniel Blair, Appellant v. Federal Insurance Company and Charles Fogle, Appellees.
September 7, 2018433 P.3d 1048
Summary
The Alaska Supreme Court affirmed the superior court’s summary judgment and discovery rulings, holding that Federal’s Rule 82 notice was valid and that the settlement fully satisfied the policy limits, thereby precluding attorney‑fees recovery beyond those limits. It reversed summary judgment on the narrow issue of whether the $2,268.78 payment to Mahl’s Medical Review should be deducted from the policy limits, finding a genuine factual dispute, vacated the attorney‑fees award, and remanded for further proceedings. The Court also affirmed that Rule 82 attorney‑fees awards are permissible in maritime‑related state actions.