1. (a) A policy issued by an insurer that limits coverage as permitted under 3 AAC 26.510 - 3 AAC 26.535 must include a policyholder notice regarding Alaska Rule of Civil Procedure 82.

2. (b) The notice required by (a) of this section must

   1. (1) conform with the division's

      1. (A) Attorney Fees Coverage Notice A, dated March 29, 1996, and hereby adopted by reference, for a policy with a right or duty to defend in addition to an applicable limit of liability;
      2. (B) Attorney Fees Coverage Notice B, dated March 29, 1996, and hereby adopted by reference, for a policy with a right or duty to defend within an applicable limit of liability;
      3. (C) Attorney Fees Coverage Notice C, dated March 29, 1996, and hereby adopted by reference, for an indemnity policy that covers defense costs within an applicable limit of liability;
      4. (D) Attorney Fees Coverage Notice D, dated March 29, 1996, and hereby adopted by reference, for a policy with no defense cost obligations;
      5. (E) Attorney Fees Coverage Notice E, dated August 14, 2020, and hereby adopted by reference, for an indemnity policy that covers defense costs in addition to an applicable limit of liability; or
      6. (F) Attorney Fees Coverage Notice F, dated August 14, 2020, and hereby adopted by reference, for a policy providing defense-only coverage; or

   2. (2) be approved in writing by the director upon a determination that the proposed notice

      1. (A) is substantially equivalent to the division's Attorney Fees Coverage Notice A, B, C, D, E, or F; or

      2. (B) provides notice similar in detail and format to the division's Attorney Fees Coverage Notices, but with terms related to the coverage for attorney fees taxable as costs against the insured under Alaska Rule of Civil Procedure 82 that

         1. (i) reflect the application of cost-sharing provisions permitted under 3 AAC 26.535; or
         2. (ii) are more favorable than the terms described in the division's notices.

(Eff. 7/1/96, Register 138; am 12/20/2020, Register 236)

Authority: AS 21.06.090, AS 21.42.120, AS 21.42.160, AS 21.36.900, AS 21.42.130