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Insurance Law

  • Baxter Senior Living, LLC v. Zurich American Insurance Co.
    INSURANCE LAW Supreme Court of Alaska (2024) Abby Murray In responding to two certified questions from the U.S. District Court, the supreme court in Baxter Senior Living, LLC v. Zurich American Insurance Co. held as a matter of first impression that neither the presence of the COVID-19 virus at an insured property, nor operating restrictions imposed on an ...
  • Fischer v. Kenai Peninsula Borough School District
    INSURANCE LAW Supreme Court of Alaska (2024) Lauren Beizer In Fischer v. Kenai Peninsula Borough School District, 548 P.3d 1086 (Alaska 2024), the supreme court held that a teacher raised a genuine dispute of material fact regarding damages, therefore, reversing and remanding the Superior Court of the State of Alaska’s summary judgment order regarding the teacher’s contract damages. ...
  • Thompson v. United Services Automobile Ass’n
    INSURANCE LAW Supreme Court of Alaska (2024) Scott Tompetrini In Thompson v. United Services Automobile Ass’n, 542 P.3d 222 (Alaska 2024), the supreme court held that an injury caused by a partially deconstructed aircraft fell within an insurance policy’s coverage exception for injuries “arising out of” ownership or use of an aircraft. (Id. at 223–24). Thompson’s husband owned ...
  • Estate of Wheeler v. Garrison Property & Casualty Insurance Co.
    INSURANCE LAW United States Court of Appeals (2023) Catherine Cole In Estate of Wheeler v. Garrison Property & Casualty Insurance Co., 80 F.4th 1006 (9th Cir. 2023), the court of appeals held that certification to the Alaska Supreme Court was warranted to answer whether the scope of the pollution exclusion in a homeowners’ insurance policy includes carbon monoxide. ...
  • Estate of Wheeler v. Garrison Property & Casualty Insurance Co.
    INSURANCE LAWUnited States District Court, District of Alaska (2022)Joseph PerryIn Estate of Wheeler v. Garrison Property & Casualty Insurance Co., 604 F. Supp. 3d 844 (D.Alaska 2022), the court held that pollution exclusion clauses of homeowner insurance policies aresubject to literal interpretation. (Id. at 850–51). In 2019, while at a vacation rental property, acouple’s son ...
  • City of Unalaska v. National Union Fire Insurance Co.
    INSURANCE LAWUnited States District Court, District of Alaska (2022)Flora LipskyIn City of Unalaska v. National Union Fire Insurance Co., 591 F. Supp. 3d 440 (D. Alaska 2022),the district court held that under Alaska state law, a Computer Fraud Insuring Agreement in aninsurance policy covered financial losses due to fraud perpetrated over email. (Id. at 453.) ...
  • Downing v. Country Life Insurance Company
    INSURANCE LAW Angela Sbano   Downing v. Country Life Insurance Company In Downing v. Country Life Insurance Company, 473 P.3d 699 (2020), the Supreme Court of Alaska affirmed the superior court’s decision that a mother’s interpretation of her late daughter’s life insurance policy was unreasonable, and that the insurance company had paid out the proper amount upon the daughter’s ...

Insurance Law

  • Baxter Senior Living, LLC v. Zurich American Insurance Co.
    INSURANCE LAW Supreme Court of Alaska (2024) Abby Murray In responding to two certified questions from the U.S. District Court, the supreme court in Baxter Senior Living, LLC v. Zurich American Insurance Co. held as a matter of first impression that neither the presence of the COVID-19 virus at an insured property, nor operating restrictions imposed on an ...
  • Fischer v. Kenai Peninsula Borough School District
    INSURANCE LAW Supreme Court of Alaska (2024) Lauren Beizer In Fischer v. Kenai Peninsula Borough School District, 548 P.3d 1086 (Alaska 2024), the supreme court held that a teacher raised a genuine dispute of material fact regarding damages, therefore, reversing and remanding the Superior Court of the State of Alaska’s summary judgment order regarding the teacher’s contract damages. ...
  • Thompson v. United Services Automobile Ass’n
    INSURANCE LAW Supreme Court of Alaska (2024) Scott Tompetrini In Thompson v. United Services Automobile Ass’n, 542 P.3d 222 (Alaska 2024), the supreme court held that an injury caused by a partially deconstructed aircraft fell within an insurance policy’s coverage exception for injuries “arising out of” ownership or use of an aircraft. (Id. at 223–24). Thompson’s husband owned ...
  • Estate of Wheeler v. Garrison Property & Casualty Insurance Co.
    INSURANCE LAW United States Court of Appeals (2023) Catherine Cole In Estate of Wheeler v. Garrison Property & Casualty Insurance Co., 80 F.4th 1006 (9th Cir. 2023), the court of appeals held that certification to the Alaska Supreme Court was warranted to answer whether the scope of the pollution exclusion in a homeowners’ insurance policy includes carbon monoxide. ...
  • Estate of Wheeler v. Garrison Property & Casualty Insurance Co.
    INSURANCE LAWUnited States District Court, District of Alaska (2022)Joseph PerryIn Estate of Wheeler v. Garrison Property & Casualty Insurance Co., 604 F. Supp. 3d 844 (D.Alaska 2022), the court held that pollution exclusion clauses of homeowner insurance policies aresubject to literal interpretation. (Id. at 850–51). In 2019, while at a vacation rental property, acouple’s son ...
  • City of Unalaska v. National Union Fire Insurance Co.
    INSURANCE LAWUnited States District Court, District of Alaska (2022)Flora LipskyIn City of Unalaska v. National Union Fire Insurance Co., 591 F. Supp. 3d 440 (D. Alaska 2022),the district court held that under Alaska state law, a Computer Fraud Insuring Agreement in aninsurance policy covered financial losses due to fraud perpetrated over email. (Id. at 453.) ...
  • Downing v. Country Life Insurance Company
    INSURANCE LAW Angela Sbano   Downing v. Country Life Insurance Company In Downing v. Country Life Insurance Company, 473 P.3d 699 (2020), the Supreme Court of Alaska affirmed the superior court’s decision that a mother’s interpretation of her late daughter’s life insurance policy was unreasonable, and that the insurance company had paid out the proper amount upon the daughter’s ...