SB 127: "An Act establishing a private cause of action for unfair claim settlement practices; and amending Rules 79 and 82, Alaska Rules of Civil Procedure."
00 SENATE BILL NO. 127 01 "An Act establishing a private cause of action for unfair claim settlement practices; and 02 amending Rules 79 and 82, Alaska Rules of Civil Procedure." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 21.36.125(b) is repealed and reenacted to read: 05 (b) In addition to other penalties and remedies provided by statutory or 06 common law, including penalties and remedies that may be imposed by the director 07 under AS 21.36.910, a person subjected to an unfair claim settlement practice in 08 violation of this section may bring a civil action for damages resulting from the unfair 09 claim settlement practice. The person subjected to the unfair claim settlement practice 10 is entitled to recover 11 (1) actual damages suffered by the person; 12 (2) three times the damages awarded under (1) of this subsection or 13 $500, whichever is greater; 14 (3) other relief the court considers proper; and
01 (4) full reasonable attorney fees and costs. 02 * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to 03 read: 04 INDIRECT COURT RULE AMENDMENT. AS 21.36.125(b), repealed and reenacted 05 by sec. 1 of this Act, has the effect of changing Rules 79 and 82, Alaska Rules of Civil 06 Procedure, by changing the award of court costs and attorney fees in certain cases. 07 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 08 read: 09 CONDITIONAL EFFECT. AS 21.36.125(b), repealed and reenacted by sec. 1 of this 10 Act, takes effect only if sec. 2 of this Act receives the two-thirds majority vote of each house 11 required by art. IV, sec. 15, Constitution of the State of Alaska.