insurance claim in Alaska

2014As we held in Jarvill v. Porky’s Equipment, Inc., the statute of limitations on a claim cannot begin to run until the claim is ripe.15 In that case, Jarvill bought a fishing boat from Porky’s Equipment.16 When the boat was delivered, Jarvill’s inspector expressed concern that the aluminum sheeting used for the hull was too thin to be safe.17 Two-and-a-half years after delivery, the hull cracked and the boat sank.18 Jarvill sued Porky’s Equipment for negligence and for selling a defective product.19 Porky’s Equipment claimed that the two-year statute of limitations barred Jarvill’s suit because

2014As we held in Jarvill v. Porky’s Equipment, Inc., the statute of limitations on a claim cannot begin to run until the claim is ripe.15 In that case, Jarvill bought a fishing boat from Porky’s Equipment.16 When the boat was delivered, Jarvill’s inspector expressed concern that the aluminum sheeting used for the hull was too thin to be safe.17 Two-and-a-half years after delivery, the hull cracked and the boat sank.18 Jarvill sued Porky’s Equipment for negligence and for selling a defective product.19 Porky’s Equipment claimed that the two-year statute of limitations barred Jarvill’s suit because

2013Assurance Co., 297 Conn. 589 , 999 A.2d 741, 748 (2010) ("In short, we affirm the general principle that '[clontract-ing parties are free to adopt an unambiguous contract provision' limiting the time in which an insurance claim must be filed...."); Faeth v. State Farm Mut.

2013Assurance Co., 297 Conn. 589 , 999 A.2d 741, 748 (2010) ("In short, we affirm the general principle that '[clontract-ing parties are free to adopt an unambiguous contract provision' limiting the time in which an insurance claim must be filed...."); Faeth v. State Farm Mut.

1996Co. of America v. Butler, 118 Wash.2d 383 , 823 P.2d 499, 503 (1992), the court stated, "An action for bad faith handling of an insurance claim sounds in tort.” However, the case does not imply that an insurer can be sued only in tort.

1996Co. of America v. Butler, 118 Wash.2d 383 , 823 P.2d 499, 503 (1992), the court stated, "An action for bad faith handling of an insurance claim sounds in tort.” However, the case does not imply that an insurer can be sued only in tort.

1996A Washington appellate court held in Vaughn v. Vaughn, 23 Wash.App. 527 , 597 P.2d 932, 934 (1979), that bad faith claims sound exclusively in tort.

1996A Washington appellate court held in Vaughn v. Vaughn, 23 Wash.App. 527 , 597 P.2d 932, 934 (1979), that bad faith claims sound exclusively in tort.

1990ARECA relies on McGuire v. Davis Truck Services, Inc., 518 So.2d 1171 (La.App.1988), cert. denied, 526 So.2d 791 (La.1988) for the proposition that the use of the term “collectible” in an other insurance clause creates an ambiguity as to whether the excess insurer must drop down upon insolvency of the primary insurer.

1990The court relied on the policy’s use of the term “collectible” in the other insurance clause only to support its interpretation of the term “recoverable” in the limit of liability clause above. 518 So.2d at 1174 .

1989To prove an implied waiver of a legal right, there must be direct, unequivocal conduct indicating a purpose to abandon or waive the legal right, or acts amounting to an estoppel by the party whose conduct is to be construed as a waiver. 576 P.2d at 112 (citations and footnotes omitted). [6] We do not reach AIGA's argument that it may not be held liable where an insurance claim against an insolvent insurer depends for its validity on theories of estoppel or waiver.