Alaska Statutes
Alaska Stat. § 28.20.445 (2026)
Uninsured and underinsured motorists coverage
✓ current as of July 2026
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Sec. 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, § 115 ch 81 SLA 1997.]
(i) The director of the division of insurance shall ensure that policies that provide the uninsured and underinsured motorists coverage required under this chapter clearly state that the uninsured and underinsured motorists coverage provides coverage for the insured for injuries sustained as a pedestrian or bicyclist by a motor vehicle.
(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, § 115 ch 81 SLA 1997.]
(i) The director of the division of insurance shall ensure that policies that provide the uninsured and underinsured motorists coverage required under this chapter clearly state that the uninsured and underinsured motorists coverage provides coverage for the insured for injuries sustained as a pedestrian or bicyclist by a motor vehicle.
Notes of Decisions
Cited in 28
cases (7 in the last 5 years), 1988–2024 · leading case: Progressive Ins. Co. v. Simmons, 953 P.2d 510 (Alaska 1998).
Progressive Ins. Co. v. Simmons, 953 P.2d 510 (Alaska 1998). “The legislature ultimately passed CSHB 429; as amended by that bill, subsections (a) and (b) of AS 28.20.445 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.”
Coughlin v. Gov't Employees Ins. Co., 69 P.3d 986 (Alaska 2003). “The parties do not dispute that AS 28.20.445(e)(1) [5] requires a claimant to exhaust *989 the underlying liability policy limits before pursuing underinsured motorist benefits.”
Curran v. Progressive Nw. Ins. Co., 29 P.3d 829 (Alaska 2001). “20 Under AS 28.20.445, UIM coverage 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 Hiability of all bodily injury and property damage liability bonds and policies that apply have…”
Hillman v. Nationwide Mut. Fire Ins. Co., 758 P.2d 1248 (Alaska 1988). “440(b)(2) was enacted in 1966, whereas AS 28.20.445 was enacted in 1984. The 1984 legislation was not accompanied by any language or committee reports expressing an opinion as to the meaning of the 1966 statute.”
Colonial Ins. Co. of California v. Tumbleson, 873 F. Supp. 310 (D. Alaska 1995). “Both parties contend that there exists no material issues of fact in dispute and therefore judgment should be entered as a matter of law.”
Wold v. Progressive Preferred Ins. Co., 52 P.3d 155 (Alaska 2002). “AS 28.20.445(F) and AS 28.22.201(b) both provide, in relevant part, that a vehicle that has left the scene of an accident with an insured vehicle is "presumed to be uninsured if the person insured reports the accident to the appropriate authorities within 24 hours.”
Sidney v. Allstate Ins. Co., 187 P.3d 443 (Alaska 2008). “" And AS 28.20.445(a)(1) provides that the maximum liability of a UIM carrier is the lesser of "(1) the difference between the amount of the covered person's damages .”
Hill v. Am. Fam. Mut. Ins., 249 P.3d 812 (Idaho 2011). “3d 829, 832-33 (Alaska 2001) (citing Alaska Stat. § 28.20.445 ); Hurley, 90 Cal.”
State Farm Mut. Auto. Ins. Co. v. Wilson, 199 P.3d 581 (Alaska 2008). “The statute, AS 28.20.445(b), provides: *582 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…”
Colwell v. Allstate Ins., 2003 VT 5 (Vt. 2003). “Alaska 1995) (construing Alaska Stat. § 28.20.445 (h)); Leetz v. Amica Mut.”
McDonnell v. State Farm Mut. Auto. Ins. Co., 299 P.3d 715 (Alaska 2013). “See AS 28.20.445(e)(1) (Uninsured and un-derinsured motorist coverage .”
Ayres v. United Servs. Auto. Ass'n, 160 P.3d 128 (Alaska 2007). “AS 28.20.445 sets out a number of requirements concerning UIM coverage under the MVSRA.”
— Alaska Stat. § 28.20.445(F) — 1 case
Wold v. Progressive Preferred Ins. Co., 52 P.3d 155 (Alaska 2002). “AS 28.20.445(F) and AS 28.22.201(b) both provide, in relevant part, that a vehicle that has left the scene of an accident with an insured vehicle is "presumed to be uninsured if the person insured reports the accident to the appropriate authorities within 24 hours.”
— Alaska Stat. § 28.20.445(a) — 4 cases
Progressive Ins. Co. v. Simmons, 953 P.2d 510 (Alaska 1998). “The legislature ultimately passed CSHB 429; as amended by that bill, subsections (a) and (b) of AS 28.20.445 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.”
Allstate Ins. Co. v. Nathan Harbour, Allstate Ins. Co. v. Kenneth N. Mattison, 491 P.3d 374 (Alaska 2021).
Colonial Ins. v. Tumbleson, 889 F. Supp. 1136 (D. Alaska 1995).
— Alaska Stat. § 28.20.445(a)(1) — 1 case
Sidney v. Allstate Ins. Co., 187 P.3d 443 (Alaska 2008). “" And AS 28.20.445(a)(1) provides that the maximum liability of a UIM carrier is the lesser of "(1) the difference between the amount of the covered person's damages .”
— Alaska Stat. § 28.20.445(b) — 6 cases
State Farm Mut. Auto. Ins. Co. v. Wilson, 199 P.3d 581 (Alaska 2008). “The statute, AS 28.20.445(b), provides: *582 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…”
Progressive Ins. Co. v. Simmons, 953 P.2d 510 (Alaska 1998). “The legislature ultimately passed CSHB 429; as amended by that bill, subsections (a) and (b) of AS 28.20.445 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.”
Sidney v. Allstate Ins. Co., 187 P.3d 443 (Alaska 2008). “" And AS 28.20.445(a)(1) provides that the maximum liability of a UIM carrier is the lesser of "(1) the difference between the amount of the covered person's damages .”
State Farm Mut. Auto. Ins. Co. v. Wilson, 199 P.3d 581 (Alaska 2008).
Colonial Ins. Co. of California v. Tumbleson, 873 F. Supp. 310 (D. Alaska 1995). “Both parties contend that there exists no material issues of fact in dispute and therefore judgment should be entered as a matter of law.”
— Alaska Stat. § 28.20.445(c) — 2 cases
Lindfors v. State Farm Mut. Auto. Ins. Co. (D. Alaska 2021).
— Alaska Stat. § 28.20.445(c)(7) — 1 case
— Alaska Stat. § 28.20.445(d) — 2 cases
Hillman v. Nationwide Mut. Fire Ins. Co., 758 P.2d 1248 (Alaska 1988). “440(b)(2) was enacted in 1966, whereas AS 28.20.445 was enacted in 1984. The 1984 legislation was not accompanied by any language or committee reports expressing an opinion as to the meaning of the 1966 statute.”
— Alaska Stat. § 28.20.445(d)(1) — 2 cases
Wroten v. United State Auto. Ass'n (D. Alaska 2021).
— Alaska Stat. § 28.20.445(e)(1) — 6 cases
Coughlin v. Gov't Employees Ins. Co., 69 P.3d 986 (Alaska 2003). “The parties do not dispute that AS 28.20.445(e)(1) [5] requires a claimant to exhaust *989 the underlying liability policy limits before pursuing underinsured motorist benefits.”
Curran v. Progressive Nw. Ins. Co., 29 P.3d 829 (Alaska 2001). “20 Under AS 28.20.445, UIM coverage 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 Hiability of all bodily injury and property damage liability bonds and policies that apply have…”
Wold v. Progressive Preferred Ins. Co., 52 P.3d 155 (Alaska 2002). “AS 28.20.445(F) and AS 28.22.201(b) both provide, in relevant part, that a vehicle that has left the scene of an accident with an insured vehicle is "presumed to be uninsured if the person insured reports the accident to the appropriate authorities within 24 hours.”
Sidney v. Allstate Ins. Co., 187 P.3d 443 (Alaska 2008). “" And AS 28.20.445(a)(1) provides that the maximum liability of a UIM carrier is the lesser of "(1) the difference between the amount of the covered person's damages .”
McDonnell v. State Farm Mut. Auto. Ins. Co., 299 P.3d 715 (Alaska 2013). “See AS 28.20.445(e)(1) (Uninsured and un-derinsured motorist coverage .”
— Alaska Stat. § 28.20.445(e)(2) — 1 case
21st Century Premier Ins. v. Smith, 998 F. Supp. 2d 884 (D. Alaska 2014).
— Alaska Stat. § 28.20.445(e)(3) — 5 cases
Ayres v. United Servs. Auto. Ass'n, 160 P.3d 128 (Alaska 2007). “AS 28.20.445 sets out a number of requirements concerning UIM coverage under the MVSRA.”
Charles v. Stout, 308 P.3d 1138 (Alaska 2013).
Allstate Ins. Co. v. Nathan Harbour, Allstate Ins. Co. v. Kenneth N. Mattison, 491 P.3d 374 (Alaska 2021).
Allstate Fire & Cas. Ins. Co. v. Fernside (D. Alaska 2023).
Charles v. Stout (Alaska 2013).
— Alaska Stat. § 28.20.445(e)(8) — 1 case
Ayres v. United Servs. Auto. Ass'n, 160 P.3d 128 (Alaska 2007). “AS 28.20.445 sets out a number of requirements concerning UIM coverage under the MVSRA.”
— Alaska Stat. § 28.20.445(f) — 2 cases
Wold v. Progressive Preferred Ins. Co., 52 P.3d 155 (Alaska 2002). “AS 28.20.445(F) and AS 28.22.201(b) both provide, in relevant part, that a vehicle that has left the scene of an accident with an insured vehicle is "presumed to be uninsured if the person insured reports the accident to the appropriate authorities within 24 hours.”
Carriere v. Cominco Alaska, Inc., 823 F. Supp. 680 (D. Alaska 1993).
— Alaska Stat. § 28.20.445(h) — 5 cases
Progressive Ins. Co. v. Simmons, 953 P.2d 510 (Alaska 1998). “The legislature ultimately passed CSHB 429; as amended by that bill, subsections (a) and (b) of AS 28.20.445 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.”
Colonial Ins. Co. of California v. Tumbleson, 873 F. Supp. 310 (D. Alaska 1995). “Both parties contend that there exists no material issues of fact in dispute and therefore judgment should be entered as a matter of law.”
State Farm Mut. Auto. Ins. Co. v. Wilson, 199 P.3d 581 (Alaska 2008). “The statute, AS 28.20.445(b), provides: *582 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…”
State Farm Mut. Auto. Ins. Co. v. Wilson, 199 P.3d 581 (Alaska 2008).
Colonial Ins. v. Tumbleson, 889 F. Supp. 1136 (D. Alaska 1995).
— Alaska Stat. § 28.20.445(h)(1) — 1 case
Colonial Ins. Co. of California v. Tumbleson, 873 F. Supp. 310 (D. Alaska 1995). “Both parties contend that there exists no material issues of fact in dispute and therefore judgment should be entered as a matter of law.”
— Alaska Stat. § 28.20.445(h)(2) — 1 case
Colonial Ins. Co. of California v. Tumbleson, 873 F. Supp. 310 (D. Alaska 1995). “Both parties contend that there exists no material issues of fact in dispute and therefore judgment should be entered as a matter of law.”
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