Alaska High Court: State Law Prohibits Enforcement Of Reimbursement Provision

(March 29, 2016, 12:39 PM EDT) -- ANCHORAGE, Alaska — In response to two certified questions from the Ninth Circuit U.S. Court of Appeals, the Supreme Court of Alaska on March 25 held that state law prohibits enforcement of a policy provision entitling a professional liability insurer to reimbursement of fees and costs that it incurred in defending underlying claims pursuant to a reservation of rights even when it was later determined that the claims are excluded from coverage and the insurer’s duty to defend never arose under the policy (Attorneys Liability Protection...
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