CSSB 283(L&C): "An Act relating to noneconomic damages resulting from an automobile accident."

00CS FOR SENATE BILL NO. 283(L&C) 01 "An Act relating to noneconomic damages resulting from an automobile accident." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 09.17.010(a) is amended to read: 04  (a) Except as provided under AS 09.65.215, in [IN] an action to recover 05 damages for personal injury or wrongful death, all damage claims for noneconomic 06 losses shall be limited to compensation for pain, suffering, inconvenience, physical 07 impairment, disfigurement, loss of enjoyment of life, loss of consortium, and other 08 nonpecuniary damage. 09 * Sec. 2. AS 09.65 is amended by adding a new section to read: 10  Sec. 09.65.215. Noneconomic damages resulting from an automobile 11 accident. (a) In an action to recover civil damages resulting from an accident 12 involving the operation or use of an automobile, a person may not recover damages 13 for noneconomic losses if the person was the owner or operator of a vehicle involved 14 in the accident and the vehicle or operator was not insured as required by

01 AS 28.22.011. 02  (b) An insurer is not liable, directly or indirectly, to indemnify an owner or 03 operator of a vehicle described in (a) of this section for noneconomic losses covered 04 under an automobile liability insurance policy. 05  (c) This section does not apply to a person who is a passenger in an 06 automobile involved in an accident and who is not the owner of the automobile. 07 * Sec. 3. APPLICABILITY. This Act applies to a cause of action that accrues on or after 08 the effective date of this Act.