bad faith defense in Alaska

1986“The award of full attorney’s fees is ‘manifestly unreasonable’ in the absence of a bad faith defense or vexatious conduct by the losing party.” Mullen v. Christiansen, 642 P.2d 1345, 1351 (Alaska 1982) (quoting Davis v. Hallett, 587 P.2d 1170, 1171-72 (Alaska 1978)).

1986"The award of full attorney's fees is `manifestly unreasonable' in the absence of a bad faith defense or vexatious conduct by the losing party." Mullen v. Christiansen, 642 P.2d 1345, 1351 (Alaska 1982) (quoting Davis v. Hallett, 587 P.2d 1170, 1171-72 (Alaska 1978)).

1981Id. at 587 .

1980Penney Co., 512 P.2d 575, 587 (Alaska 1973), in the absence of a bad faith defense or vexatious conduct, full attorney’s fees may not be awarded.

2003Co., 754 P.2d 265, 266-67 (Alaska 1988). [35] Insistence on actual payment may expose an excess insurer to a bad faith claim for anticipatorily repudiating its contract.

1993This court stated in State Farm Mutual Auto Insurance Co. v. Weiford, 831 P.2d 1264, 1266 (Alaska 1992), that an insured may bring a bad faith claim "in tort as well as in contract.” The duty of good faith and fair dealing implied in every contract requires the insurer to act with subjective good faith and objective fairness, unlike the tort of bad faith which, as now defined, permits the insurer to act with subjective bad faith.

1993Even if the superior court's rulings concerning the admissibility of evidence during trial were erroneous, such error was harmless where the case was never submitted to the jury. [1] This court stated in State Farm Mutual Auto Insurance Co. v. Weiford, 831 P.2d 1264, 1266 (Alaska 1992), that an insured may bring a bad faith claim "in tort as well as in contract." The duty of good faith and fair dealing implied in every contract requires the insurer to act with subjective good faith and objective fairness, unlike the tort of bad faith which, as now defined, permits the insurer to act with subje

1992We have held “an award of full attorney’s fees is ‘manifestly unreasonable’ *1092 in the absence of a bad faith defense or vexatious conduct by the losing party.” State v. Univ. of Alaska, 624 P.2d 807, 817 (Alaska 1981).

1992While a deviation from the schedule of fees must be explained, see Stefano v. Coppock, 705 P.2d 443, 446 (Alaska 1985), if the fee schedule does not apply, the trial court need not set forth its reasons for its award.

1989See, e.g., Nelson v. Piedmont Aviation, Inc., 750 F.2d 1234, 1238 (4th Cir.1984), cert. denied, 471 U.S. 1116 , 105 S.Ct. 2358 , 86 L.Ed.2d 259 (1985).

1989See, e.g., Nelson v. Piedmont Aviation, Inc., 750 F.2d 1234, 1238 (4th Cir.1984), cert. denied, 471 U.S. 1116 , 105 S.Ct. 2358 , 86 L.Ed.2d 259 (1985).

1989See, e.g., Nelson v. Piedmont Aviation, Inc., 750 F.2d 1234, 1238 (4th Cir.1984), cert. denied, 471 U.S. 1116 , 105 S.Ct. 2358 , 86 L.Ed.2d 259 (1985).

1989See, e.g., Nelson v. Piedmont Aviation, Inc., 750 F.2d 1234, 1238 (4th Cir.1984), cert. denied, 471 U.S. 1116 , 105 S.Ct. 2358 , 86 L.Ed.2d 259 (1985).

1986“The award of full attorney’s fees is ‘manifestly unreasonable’ in the absence of a bad faith defense or vexatious conduct by the losing party.” Mullen v. Christiansen, 642 P.2d 1345, 1351 (Alaska 1982) (quoting Davis v. Hallett, 587 P.2d 1170, 1171-72 (Alaska 1978)).

1986"The award of full attorney's fees is `manifestly unreasonable' in the absence of a bad faith defense or vexatious conduct by the losing party." Mullen v. Christiansen, 642 P.2d 1345, 1351 (Alaska 1982) (quoting Davis v. Hallett, 587 P.2d 1170, 1171-72 (Alaska 1978)).

1981In Moses v. McGarvey, 614 P.2d 1363, 1370 (Alaska 1980), we stated that “complexity may be considered in determining the amount to be awarded, but that factor alone does not justify the award of full fees.” We have consistently held that an award of full attorney’s fees is “manifestly unreasonable” in the absence of a bad faith defense or vexatious conduct by the losing party.