Civil Rule 82

Alaska is unique in that the Legislature has provided by statute for an award of partial attorney’s fees to a prevailing party in a lawsuit.   This statute is implemented under Alaska Rules of Civil Procedures, Rule 82.   The amount of attorney’s fees awarded are set out in a schedule in the rule.

If you are sued and an injured third party obtains a judgment against you in an amount that exceeds the limit of liability of your policy, you may be responsible for paying part of the Alaska Civil Rule 82 attorney’s fees and costs that are awarded by the court.   The amount of Civil Rule 82 costs and fees you may be responsible for paying is calculated based upon the amount of the judgment in excess of the stated limit of liability in your policy.

Simply put, your insurance company may not pay all Alaska Civil Rule 82 attorney’s fees in a lawsuit filed against you.   You may be required to pay part of these attorney fees without the assistance of your insurer.