Alaska Statutes
Alaska Stat. § 28.20.440 (2026)
Motor vehicle liability policy defined; required provisions
✓ current as of July 2026
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Sec. 28.20.440. Motor vehicle liability policy defined; required provisions.
(a) In this chapter, “motor vehicle liability policy” means an “owner policy” or an “operator's policy” containing an agreement or endorsement as provided in this section, or certified as provided in AS 28.20.410 or 28.20.420 as proof of financial responsibility for the future, and issued, except as otherwise provided in AS 28.20.420, by an insurance carrier authorized to transact business in this state, to or for the benefit of the person named as insured.
(b) The owner's policy of liability insurance must
(1) designate by description or appropriate reference all vehicles that it covers;
(2) insure the person named and every other person using the vehicle with the express or implied permission of the named insured, against loss from the liability imposed by law for damages arising out of the ownership, maintenance, or use of the vehicle within the United States or Canada, subject to limits exclusive of interest and costs, with respect to each vehicle, as follows: $50,000 because of bodily injury to or death of one person in any one accident, and, subject to the same limit for one person, $100,000 because of bodily injury to or death of two or more persons in any one accident, and $25,000 because of injury to or destruction of property of others in any one accident;
(3) contain coverage in not less than the amounts set out in (2) of this subsection for the protection of the persons insured under the policy who are legally entitled to recover damages from owners or operators of uninsured or underinsured motor vehicles because of bodily injury or death, or damage to or destruction of property arising out of the ownership, maintenance or use of the uninsured or underinsured motor vehicle; this coverage must comply with the provisions of AS 28.20.445.
(c) The operator's policy of liability insurance must insure the person named as insured against loss from the liability imposed upon the person by law for damages arising out of the use by the person of any motor vehicle not owned by the person, within the same territorial limits and subject to the same limits of liability as are required for an owner's policy of liability insurance.
(d) The motor vehicle liability policy must state the name and address of the named insured, the coverage, the premium charges, the policy period, and the limits of liability, and must contain an agreement or an endorsement that insurance is provided in accordance with the coverage defined in this chapter for bodily injury and death or property damage, or both, and is subject to all the provisions of AS 28.20.010 — 28.20.640.
(e) The motor vehicle liability policy need not insure liability under a workers' compensation law nor liability for damage to property owned by, rented to, in charge of or transported by the insured.
(f) Every motor vehicle liability policy is subject to the following provisions but these provisions need not be contained in the policy.
(1) The liability of the insurance carrier becomes absolute whenever injury or damage covered by the policy occurs; the policy may not be cancelled or annulled as to this liability after the occurrence of the injury or damage; no statement made by the insured or on behalf of the insured and no violation of the policy defeats or voids the policy.
(2) The satisfaction by the insured of a judgment for injury or damages is not a condition precedent to the right or duty of the insurance carrier to make payment on account of injury or damage.
(3) The insurance carrier may settle a claim covered by the policy, and if settlement is made in good faith, the amount of settlement is deductible from the limits of liability specified in (b) of this section.
(4) The policy, the written application for the policy, if any, and every rider or endorsement that does not conflict with the provisions of this chapter constitute the entire contract between the parties.
(g) A policy that grants the coverage required for a motor vehicle liability policy may also grant lawful coverage in excess of or in addition to the coverage specified for a policy and the excess or additional coverage is not subject to the provisions of this chapter. With respect to a policy that grants excess or additional coverage the term “motor vehicle liability policy” applies only to that part of the coverage that is required by this section.
(h) A motor vehicle liability policy may provide that the insured shall reimburse the insurance carrier for any payment the insurance carrier would not have been obligated to make under the terms of the policy except for the provisions of this chapter.
(i) A motor vehicle liability policy may provide for proration of the insurance with other valid and collectible insurance.
(j) The requirements for a motor vehicle liability policy may be fulfilled by the policies of one or more insurance carriers that together meet the requirements.
(k) A binder issued pending the issuance of a motor vehicle liability policy fulfills the requirements for a policy.
(l) Notwithstanding any other provisions of law, a person who resides in the same household as the person named as insured or a person who is a relative of the person named as insured shall be excluded from coverage under a motor vehicle liability policy if the person named as insured requests that that person be excluded from coverage.
(a) In this chapter, “motor vehicle liability policy” means an “owner policy” or an “operator's policy” containing an agreement or endorsement as provided in this section, or certified as provided in AS 28.20.410 or 28.20.420 as proof of financial responsibility for the future, and issued, except as otherwise provided in AS 28.20.420, by an insurance carrier authorized to transact business in this state, to or for the benefit of the person named as insured.
(b) The owner's policy of liability insurance must
(1) designate by description or appropriate reference all vehicles that it covers;
(2) insure the person named and every other person using the vehicle with the express or implied permission of the named insured, against loss from the liability imposed by law for damages arising out of the ownership, maintenance, or use of the vehicle within the United States or Canada, subject to limits exclusive of interest and costs, with respect to each vehicle, as follows: $50,000 because of bodily injury to or death of one person in any one accident, and, subject to the same limit for one person, $100,000 because of bodily injury to or death of two or more persons in any one accident, and $25,000 because of injury to or destruction of property of others in any one accident;
(3) contain coverage in not less than the amounts set out in (2) of this subsection for the protection of the persons insured under the policy who are legally entitled to recover damages from owners or operators of uninsured or underinsured motor vehicles because of bodily injury or death, or damage to or destruction of property arising out of the ownership, maintenance or use of the uninsured or underinsured motor vehicle; this coverage must comply with the provisions of AS 28.20.445.
(c) The operator's policy of liability insurance must insure the person named as insured against loss from the liability imposed upon the person by law for damages arising out of the use by the person of any motor vehicle not owned by the person, within the same territorial limits and subject to the same limits of liability as are required for an owner's policy of liability insurance.
(d) The motor vehicle liability policy must state the name and address of the named insured, the coverage, the premium charges, the policy period, and the limits of liability, and must contain an agreement or an endorsement that insurance is provided in accordance with the coverage defined in this chapter for bodily injury and death or property damage, or both, and is subject to all the provisions of AS 28.20.010 — 28.20.640.
(e) The motor vehicle liability policy need not insure liability under a workers' compensation law nor liability for damage to property owned by, rented to, in charge of or transported by the insured.
(f) Every motor vehicle liability policy is subject to the following provisions but these provisions need not be contained in the policy.
(1) The liability of the insurance carrier becomes absolute whenever injury or damage covered by the policy occurs; the policy may not be cancelled or annulled as to this liability after the occurrence of the injury or damage; no statement made by the insured or on behalf of the insured and no violation of the policy defeats or voids the policy.
(2) The satisfaction by the insured of a judgment for injury or damages is not a condition precedent to the right or duty of the insurance carrier to make payment on account of injury or damage.
(3) The insurance carrier may settle a claim covered by the policy, and if settlement is made in good faith, the amount of settlement is deductible from the limits of liability specified in (b) of this section.
(4) The policy, the written application for the policy, if any, and every rider or endorsement that does not conflict with the provisions of this chapter constitute the entire contract between the parties.
(g) A policy that grants the coverage required for a motor vehicle liability policy may also grant lawful coverage in excess of or in addition to the coverage specified for a policy and the excess or additional coverage is not subject to the provisions of this chapter. With respect to a policy that grants excess or additional coverage the term “motor vehicle liability policy” applies only to that part of the coverage that is required by this section.
(h) A motor vehicle liability policy may provide that the insured shall reimburse the insurance carrier for any payment the insurance carrier would not have been obligated to make under the terms of the policy except for the provisions of this chapter.
(i) A motor vehicle liability policy may provide for proration of the insurance with other valid and collectible insurance.
(j) The requirements for a motor vehicle liability policy may be fulfilled by the policies of one or more insurance carriers that together meet the requirements.
(k) A binder issued pending the issuance of a motor vehicle liability policy fulfills the requirements for a policy.
(l) Notwithstanding any other provisions of law, a person who resides in the same household as the person named as insured or a person who is a relative of the person named as insured shall be excluded from coverage under a motor vehicle liability policy if the person named as insured requests that that person be excluded from coverage.
Notes of Decisions
Cited in 40
cases (5 in the last 5 years), 1967–2024 · leading case: Hillman v. Nationwide Mut. Fire Ins. Co., 758 P.2d 1248 (Alaska 1988).
Hillman v. Nationwide Mut. Fire Ins. Co., 758 P.2d 1248 (Alaska 1988). “In 1983, AS 28.20.440 provided: [2] (b) The owner's policy of liability insurance shall .”
State Farm Mut. Auto. Ins. Co. v. Houle, 269 P.3d 654 (Alaska 2011). “The statute also prohibits insurers from providing UIM coverage with limits "less than the limit in AS 28.20.440 or AS 28.22.101," statutory provisions that identify requirements governing liability policies.”
Gov't Employees Ins. Co. v. Graham-Gonzalez, 107 P.3d 279 (Alaska 2005). “020(c) and (e) provide: (c) An insurance company offering automobile liability insurance in this state for bodily injury or death shall, initially and at each renewal, offer coverage prescribed in AS 28.20.440 and 28.20.445 or AS 28.22 for the protection of the persons insured…”
Coughlin v. Gov't Employees Ins. Co., 69 P.3d 986 (Alaska 2003). “" [6] Similarly, AS 28.20.440(b)(2) specifies mandatory minimum "limits exclusive of interest and costs" of $50,000 for a vehicle owner's liability insurance policy.”
Progressive Ins. Co. v. Simmons, 953 P.2d 510 (Alaska 1998). “445 now provide: (a) The maximum liability of the insurance carrier under the uninsured and un-derinsured 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…”
State Farm Mut. Auto. Ins. Co. v. Lawrence, 26 P.3d 1074 (Alaska 2001). “" Section (c) provides, in relevant part, that An insurance company offering automobile liability insurance in this state for bodily injury or death shall, initially and at each renewal, offer coverage prescribed in AS 28.20.440 and 28.20.445 or AS 28.22 for the protection of…”
Farquhar v. Alaska Nat'l Ins. Co., 20 P.3d 577 (Alaska 2001). “23 The plaintiff in Hughes was injured by a motorist with an insurance policy limit of $50,000, the statutory minimum under AS 28.20.440(b) and AS 28.22.101(d). 24 Alaska Statute 28.”
Nelson v. Progressive Cas. Ins. Co., 162 P.3d 1228 (Alaska 2007). “440(F), which provides for a specific exception from policy coverage for a named driver, can be read in harmony with the more general provisions of AS 28.20.440 and AS 28.22.1011. 49 The inclusion of the phrase "[nlotwithstanding any other provisions of law" plainly indicates…”
Holderness v. State Farm Fire & Cas. Co., 24 P.3d 1235 (Alaska 2001). “The statute provides, in relevant part: An insurance company offering automobile liability insurance in this state for bodily injury or death shall, initially and at each renewal, offer coverage prescribed in AS 28.20.440 and 28.20.445 or AS 28.22 for the protection of the…”
Peter v. Schumacher Enter., Inc., 22 P.3d 481 (Alaska 2001). “020 provides in relevant part: (c) An insurance company offering automobile liability insurance in this state for bodily injury or death shall, initially and at each renewal, offer coverage prescribed in AS 28.20.440 and 28.20.445 or AS 28.22 for the protection of the persons…”
Wainscott v. Ossenkop, 633 P.2d 237 (Alaska 1981). “He argues, however, that paragraph (3) was intended to comply with the mandatory requirements of AS 28.20.440(b)(3) and should be ignored to the extent it attempts to restrict coverage only to injuries sustained by an insured.”
Hughes v. Harrelson, 844 P.2d 1106 (Alaska 1993). “Thus, we hold that an insurer must pay prejudgment interest on the minimum policy limits established in AS 28.20.440(b) and AS 28.22.101(d). The superior court's order denying Hughes' motion for a statement of law is REVERSED and the case is REMANDED for further proceedings…”
— Alaska Stat. § 28.20.440(1) — 1 case
Nelson v. Progressive Cas. Ins. Co., 162 P.3d 1228 (Alaska 2007). “440(F), which provides for a specific exception from policy coverage for a named driver, can be read in harmony with the more general provisions of AS 28.20.440 and AS 28.22.1011. 49 The inclusion of the phrase "[nlotwithstanding any other provisions of law" plainly indicates…”
— Alaska Stat. § 28.20.440(F) — 1 case
Nelson v. Progressive Cas. Ins. Co., 162 P.3d 1228 (Alaska 2007). “440(F), which provides for a specific exception from policy coverage for a named driver, can be read in harmony with the more general provisions of AS 28.20.440 and AS 28.22.1011. 49 The inclusion of the phrase "[nlotwithstanding any other provisions of law" plainly indicates…”
— Alaska Stat. § 28.20.440(a) — 4 cases
Werley v. United Servs. Auto. Ass'n, 498 P.2d 112 (Alaska 1972).
Hart v. Nat'l Indem. Co., 422 P.2d 1015 (Alaska 1967).
Paulson v. Nat'l Indem. Co., 498 P.2d 731 (Alaska 1972).
Allstate Ins. Co. v. Nathan Harbour, Allstate Ins. Co. v. Kenneth N. Mattison, 491 P.3d 374 (Alaska 2021).
— Alaska Stat. § 28.20.440(a)(3) — 1 case
State Farm Mut. Auto. Ins. Co. v. Lawrence, 26 P.3d 1074 (Alaska 2001). “" Section (c) provides, in relevant part, that An insurance company offering automobile liability insurance in this state for bodily injury or death shall, initially and at each renewal, offer coverage prescribed in AS 28.20.440 and 28.20.445 or AS 28.22 for the protection of…”
— Alaska Stat. § 28.20.440(b) — 7 cases
Farquhar v. Alaska Nat'l Ins. Co., 20 P.3d 577 (Alaska 2001). “23 The plaintiff in Hughes was injured by a motorist with an insurance policy limit of $50,000, the statutory minimum under AS 28.20.440(b) and AS 28.22.101(d). 24 Alaska Statute 28.”
Hughes v. Harrelson, 844 P.2d 1106 (Alaska 1993). “Thus, we hold that an insurer must pay prejudgment interest on the minimum policy limits established in AS 28.20.440(b) and AS 28.22.101(d). The superior court's order denying Hughes' motion for a statement of law is REVERSED and the case is REMANDED for further proceedings…”
Werley v. United Servs. Auto. Ass'n, 498 P.2d 112 (Alaska 1972).
Paulson v. Nat'l Indem. Co., 498 P.2d 731 (Alaska 1972).
Hart v. Nat'l Indem. Co., 422 P.2d 1015 (Alaska 1967).
— Alaska Stat. § 28.20.440(b)(2) — 10 cases
Coughlin v. Gov't Employees Ins. Co., 69 P.3d 986 (Alaska 2003). “" [6] Similarly, AS 28.20.440(b)(2) specifies mandatory minimum "limits exclusive of interest and costs" of $50,000 for a vehicle owner's liability insurance policy.”
Stordahl v. Gov't Employees Ins. Co., 564 P.2d 63 (Alaska 1977).
Hillman v. Nationwide Mut. Fire Ins. Co., 758 P.2d 1248 (Alaska 1988). “In 1983, AS 28.20.440 provided: [2] (b) The owner's policy of liability insurance shall .”
State Farm Mut. Auto. Ins. Co. v. Houle, 269 P.3d 654 (Alaska 2011). “The statute also prohibits insurers from providing UIM coverage with limits "less than the limit in AS 28.20.440 or AS 28.22.101," statutory provisions that identify requirements governing liability policies.”
Hughes v. Harrelson, 844 P.2d 1106 (Alaska 1993). “Thus, we hold that an insurer must pay prejudgment interest on the minimum policy limits established in AS 28.20.440(b) and AS 28.22.101(d). The superior court's order denying Hughes' motion for a statement of law is REVERSED and the case is REMANDED for further proceedings…”
— Alaska Stat. § 28.20.440(b)(3) — 10 cases
Wainscott v. Ossenkop, 633 P.2d 237 (Alaska 1981). “He argues, however, that paragraph (3) was intended to comply with the mandatory requirements of AS 28.20.440(b)(3) and should be ignored to the extent it attempts to restrict coverage only to injuries sustained by an insured.”
Hillman v. Nationwide Mut. Fire Ins. Co., 758 P.2d 1248 (Alaska 1988). “In 1983, AS 28.20.440 provided: [2] (b) The owner's policy of liability insurance shall .”
Progressive Ins. Co. v. Simmons, 953 P.2d 510 (Alaska 1998). “445 now provide: (a) The maximum liability of the insurance carrier under the uninsured and un-derinsured 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…”
Ennen v. Integon Indem. Corp., 268 P.3d 277 (Alaska 2012).
State Farm Mut. Auto. Ins. Co. v. Houle, 269 P.3d 654 (Alaska 2011). “The statute also prohibits insurers from providing UIM coverage with limits "less than the limit in AS 28.20.440 or AS 28.22.101," statutory provisions that identify requirements governing liability policies.”
— Alaska Stat. § 28.20.440(b)(8) — 3 cases
Ennen v. Integon Indem. Corp., 268 P.3d 277 (Alaska 2012).
Holderness v. State Farm Fire & Cas. Co., 24 P.3d 1235 (Alaska 2001). “The statute provides, in relevant part: An insurance company offering automobile liability insurance in this state for bodily injury or death shall, initially and at each renewal, offer coverage prescribed in AS 28.20.440 and 28.20.445 or AS 28.22 for the protection of the…”
Ayres v. United Servs. Auto. Ass'n, 160 P.3d 128 (Alaska 2007).
— Alaska Stat. § 28.20.440(d) — 2 cases
Blood v. Kenneth A. Murray Ins., Inc., 151 P.3d 428 (Alaska 2006).
Hart v. Nat'l Indem. Co., 422 P.2d 1015 (Alaska 1967).
— Alaska Stat. § 28.20.440(e) — 1 case
Paulson v. Nat'l Indem. Co., 498 P.2d 731 (Alaska 1972).
— Alaska Stat. § 28.20.440(f) — 1 case
Hart v. Nat'l Indem. Co., 422 P.2d 1015 (Alaska 1967).
— Alaska Stat. § 28.20.440(g) — 2 cases
Holderness v. State Farm Fire & Cas. Co., 24 P.3d 1235 (Alaska 2001). “The statute provides, in relevant part: An insurance company offering automobile liability insurance in this state for bodily injury or death shall, initially and at each renewal, offer coverage prescribed in AS 28.20.440 and 28.20.445 or AS 28.22 for the protection of the…”
Farquhar v. Alaska Nat'l Ins. Co., 20 P.3d 577 (Alaska 2001). “23 The plaintiff in Hughes was injured by a motorist with an insurance policy limit of $50,000, the statutory minimum under AS 28.20.440(b) and AS 28.22.101(d). 24 Alaska Statute 28.”
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