Joshua M. Martinez & Robert Martinez v. Government Employees Insurance Company, Charles E. Burnett v. Government…

Summary

The Alaska Supreme Court affirmed judgment for GEICO after concluding that the insurer did not assume an independent duty to Burnett to clean up the fuel spill under Restatement § 323. The superior court properly conducted an evidentiary hearing, did not violate Burnett’s due process rights by ruling on late submissions or awarding pre-remand fees, and properly barred the settled defendants from rejoining the litigation. No separate opinions were issued.