Section 28.20.445. Uninsured and underinsured motorists coverage.

   (a) The maximum liability of the insurance carrier under the uninsured and underinsured motorists coverage required to be offered under AS 28.20.440 shall be the lesser of
        (1) the difference between the amount of the covered person's damages for bodily injury and property damage and the amount paid to the covered person by or for a person who is or may be held legally liable for the damages; and
        (2) the applicable limit of liability of the uninsured and underinsured motorist coverage.
   (b) An amount payable under the uninsured and underinsured motorist coverage shall be excess to an amount payable under automobile bodily injury, death, or medical payments coverage, or as workers' compensation benefits and may not duplicate amounts paid or payable under valid and collectible automobile bodily injury, death, or medical payments coverage, or as workers' compensation benefits.
   (c) If a person is entitled to uninsured or underinsured motorists coverage under more than one coverage when two or more vehicles are insured under one policy, the maximum amount payable may not exceed the highest limit of any one coverage under the policy. If a person is entitled to uninsured or underinsured motorists coverage under more than one motor vehicle policy issued by the same insurer in the same household, the maximum amount payable may be limited to the highest limit of any one coverage under the policies. If a person is entitled to uninsured or underinsured motorists coverage under more than one policy providing motor vehicle liability coverage, payments will be made in the following order of priority, subject to the limit of liability of each applicable policy or coverage:
        (1) a policy or coverage covering a motor vehicle occupied by the injured person or a policy or coverage covering a pedestrian as a named insured;
        (2) a policy or coverage covering a motor vehicle occupied by the injured person as an insured other than as a named insured;
        (3) a policy or coverage not covering a motor vehicle occupied by the injured person but covering the injured person as a named insured;
        (4) a policy or coverage not covering a motor vehicle occupied by the injured person but covering the injured person as an insured other than as a named insured;
        (5) a policy or coverage covering, as excess, umbrella, or similar insurance, a motor vehicle occupied by the injured person or a policy or coverage covering, as excess, umbrella, or similar insurance, a pedestrian as a named insured;
        (6) a policy or coverage covering, as excess, umbrella, or similar insurance, a motor vehicle occupied by the injured person or a policy or coverage covering, as excess, umbrella, or similar insurance, a pedestrian as an insured other than as a named insured;
        (7) a policy or coverage not covering a motor vehicle occupied by the injured person but covering, as excess, umbrella, or similar insurance, the injured person as a named insured;
        (8) a policy or coverage not covering a motor vehicle occupied by the injured person but covering, as excess, umbrella, or similar insurance, the injured person as an insured other than as a named insured.
   (d) Uninsured and underinsured motorists coverage does not apply to bodily injury or death or damage to or destruction of property of an insured
        (1) while occupying a motor vehicle owned by, but not insured by, the named insured or the insured's spouse or relative residing in the same household; or
        (2) through being struck by a vehicle owned by the named insured or the insured's spouse or relative residing in the same household.
   (e) Uninsured and underinsured motorists coverage
        (1) may not apply to bodily injury, sickness, disease, or death of an insured or damage to or destruction of property of an insured until the limits of liability of all bodily injury and property damage liability bonds and policies that apply have been used up by payments, judgments or settlements;
        (2) shall be a single combined coverage;
        (3) may be rejected by the insured in writing; if the insured has rejected the coverage, the coverage shall not be included in any supplemental, renewal, or replacement policy unless the insured subsequently requests the coverage in writing; and
        (4) need not provide coverage for punitive damages that might otherwise be recoverable from an uninsured or underinsured person.
   (f) If both the owner and operator of the uninsured vehicle are unknown, payment under the uninsured and underinsured motorists coverage shall be made only where direct physical contact between the insured and uninsured or underinsured motor vehicles has occurred.  A vehicle that has left the scene of the accident with an insured vehicle is presumed to be uninsured if the person insured reports the accident to the appropriate authorities within 24 hours.
   (g) The uninsured and underinsured motorists coverage for damage to or destruction of property is subject to a deductible of $250 in any one accident, but the insurer may offer a deductible other than $250. This coverage shall be limited to damage to or destruction of the insured motor vehicle.  It may not include loss of use of the vehicle.
   (h)   [Repealed, Sec. 115 ch 81 SLA 1997]. 

Authorities

28.20.440

Notes

Recent Bills that will modify this

HB 372 OMNIBUS INSURANCE

References

AS 28.20.440 Motor vehicle liability policy defined; required provisions.

History

(Sec. 12 ch 70 SLA 1984; am Sec. 3 - 5 ch 78 SLA 1990; am Sec. 115 ch 81 SLA 1997; am Sec. 4 ch 172 SLA 2004; am Sec. 1 ch 104 SLA 2014; am Sec. 63 ch 41 SLA 2016)