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.