Legislature(1995 - 1996)

1995-05-09 House Journal

Full Journal pdf

1995-05-09                     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.