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SENATE BILL NO. 127
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-SECOND LEGISLATURE - SECOND SESSION
BY SENATORS SHOWER, Begich
Introduced: 4/19/21
Referred: Labor & Commerce, Judiciary
A BILL
FOR AN ACT ENTITLED
1 "An Act establishing a private cause of action for unfair claim settlement practices; and
2 amending Rules 79 and 82, Alaska Rules of Civil Procedure."
3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
4 * Section 1. AS 21.36.125(b) is repealed and reenacted to read:
5 (b) In addition to other penalties and remedies provided by statutory or
6 common law, including penalties and remedies that may be imposed by the director
7 under AS 21.36.910, a person subjected to an unfair claim settlement practice in
8 violation of this section may bring a civil action for damages resulting from the unfair
9 claim settlement practice. The person subjected to the unfair claim settlement practice
10 is entitled to recover
11 (1) actual damages suffered by the person;
12 (2) three times the damages awarded under (1) of this subsection or
13 $500, whichever is greater;
14 (3) other relief the court considers proper; and
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1 (4) full reasonable attorney fees and costs.
2 * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to
3 read:
4 INDIRECT COURT RULE AMENDMENT. AS 21.36.125(b), repealed and reenacted
5 by sec. 1 of this Act, has the effect of changing Rules 79 and 82, Alaska Rules of Civil
6 Procedure, by changing the award of court costs and attorney fees in certain cases.
7 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to
8 read:
9 CONDITIONAL EFFECT. AS 21.36.125(b), repealed and reenacted by sec. 1 of this
10 Act, takes effect only if sec. 2 of this Act receives the two-thirds majority vote of each house
11 required by art. IV, sec. 15, Constitution of the State of Alaska.
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Statutes affected:
SB0127A, AM SB 127, introduced 04/19/2021: 21.36.125, 21.36.910