Legislature(1995 - 1996)
1995-05-09 House Journal
Full Journal pdf1995-05-09 House Journal Page 2068 SB 53 Reconsideration of the following, which had been moved to the bottom of the Supplemental Calendar (page 2063), was again before the House: HOUSE CS FOR SENATE BILL NO. 53(L&C) am H "An Act relating to insurance; amending Alaska Rule of Civil Procedure 45; and providing for an effective date." Amendment Nos. 3 - 5 were not offered. Representative Kott moved and asked unanimous consent that HCS SB 53(L&C) am H be returned to second reading for the specific purpose of considering Amendment No. 6. There being no objection, it was so ordered. Amendment No. 6 was offered by Representative Kott: Page 68, line 21: Delete ";" Insert "." Page 68, lines 22 - 24: Delete all material and insert: 1995-05-09 House Journal Page 2069 SB 53 "(c) Notwithstanding (b) of this section, if the insurer reserves the insurer's rights on an issue for which coverage is denied, the insurer shall provide independent counsel to the insured as provided under (a) of this section." Reletter the following subsections accordingly. Page 68, line 27: Delete "substantial" Page 69, line 13, after "lawsuit": Insert "and of my right under state law to have all reasonable expenses of an independent counsel paid by my insurer. I have also been advised that the Alaska Supreme Court has ruled that when an insurer defends an insured under a reservation of rights provision in an insurance policy, there are various conflicts of interest that arise between an insurer and an insured." Representative Kott moved and asked unanimous consent that Amendment No. 6 be adopted. There being no objection, it was so ordered. The question to be reconsidered: "Shall HCS CSSB 53(L&C) am H pass the House?" The roll was taken with the following result: HCS CSSB 53(L&C) am H--RECONSIDERATION Third Reading Final Passage YEAS: 30 NAYS: 3 EXCUSED: 1 ABSENT: 6 Yeas: Austerman, Barnes, Brice, Bunde, B.Davis, G.Davis, Elton, Foster, Green, Grussendorf, James, Kelly, Kohring, Kott, Kubina, Mackie, Martin, Masek, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Sanders, Toohey, Vezey, Williams, Willis Nays: Brown, Davies, Mulder Excused: MacLean 1995-05-09 House Journal Page 2070 SB 53 Absent: Finkelstein, Hanley, Ivan, Moses, Rokeberg, Therriault And so, HCS CSSB 53(L&C) am H passed the House on reconsideration. Representative Vezey moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clauses. There being no objection, it was so ordered. Representative Vezey moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the court rule change. There being no objection, it was so ordered. HCS CSSB 53(L&C) am H was referred to the Chief Clerk for engrossment.