Attorneys Liability Protection Society, Inc. v. Ingaldson Fitzgerald, P.C.

Good Law
2014 D.A.R. 12·766 F.3d 1180
United States Court of Appeals for the Ninth CircuitSeptember 10, 201413-35115, 13-35172California1,254 words

Opinion

Opinion

Nguyen, J.

ORDER CERTIFYING QUESTIONS TO THE SUPREME COURT OF ALASKA

ORDER

Pursuant to Alaska Rule of Appellate Procedure 407(a), we respectfully ask the Alaska Supreme Court to answer the following certified questions of Alaska law as set forth below:

The Alaska Supreme Court’s answer to these questions may be determinative of this appeal, and we are unable to find controlling precedent from the Alaska Supreme Court. We are also cognizant of the states’ role as the primary regulators of “the business of insurance.” Grp. Life & Health Ins. Co. v. Royal Drug Co., 440 U.S. 205, 211 , 99 S.Ct. 1067 , 59 L.Ed.2d 261 (1979); 15 U.S.C. § 1012 . Additionally, we note that two federal district courts in Alaska reached conflicting interpretations of Alaska law on reimbursement of defense costs incurred pursuant to a reservation of rights. Unionamerica Ins. Co. v. Gen. Star Indem. Co., No. A01-0317-CV (HRH), 2005 WL 757386 , at *8 (D.Alaska Mar. 7, 2005); Attorneys Liab. Prot. Soc’y, Inc. v. Ingaldson & Fitzgerald, P.C., No. 3:11-cv-00187-SLG, 2012 WL 6675167 , at *4 (D.Alaska Dec. 21, 2012). We do not presume to bind the Alaska Supreme Court to our framing of these questions of state law, and we…

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