Bethel, AK - Angelina Trailov and Mary Kenick sued Allstate Insurance Company and Kathy Berry on bad faith breach of contract theories claiming that the defendants improperly handled Plaintiffs' claims.

Trailov was 15-years-old at the time of the accident. She suffered a skull fracture, a punctured lung and other permanent injuries.

Court Docket Entries:

12/13/2004 08... More...    $17000000 (09-23-2015 - AK)

The primary issue in this consolidated appeal is the validity and interpretation of a roadway easement granted to meet a borough's subdivision plat-waiver requirements. The borough later approved a nearby subdivision project contingent on upgrading the easement roadway. The owners of the servient estate first insisted that the developer maintain his roadway upgrade within the original 50-foot eas... More...    $0 (11-30--0001 - AK)

Sea Hawk Seafoods, Inc. sued the City of Valdez for damages after Valdez applied for a grant from the State of Alaska for funding to convert Sea Hawk’s seafood processing facility into a fish meal plant but then declined to accept the $600,000 grant that the State conditionally awarded to Valdez. On pre-trial motions, the superior court dismissed Sea Hawk’s claims for breach of contract, breac... More...    $0 (07-27-2012 - AK)

Offshore Systems – Kenai (Offshore) operates a commercial dock facility on Cook Inlet in the Kenai Peninsula Borough (Borough). Nikishka Beach Road traverses Offshore’s property. The public has used this road to access the beach since the 1950s. In 2007 Offshore installed a gate blocking the road. The State and the Borough sought an injunction against Offshore, alleging a public right-of-way o... More...    $0 (07-27-2012 - AK)

Rudy R. moved to modify the agreement through which he and Heather W. share 50-50 custody of their daughter. He argued that recent legal troubles and instability in Heather’s life amount to changed circumstances that required modifying the custody agreement in the child’s best interests. The superior court agreed. Heather now appeals, arguing that the evidence does not show that any of her cha... More...    $0 (04-20-2012 - AK)

A mother appeals the superior court’s denial of an evidentiary hearing for her motion to modify child custody. Because the mother was entitled to an evidentiary hearing in this case, we remand for further proceedings.

II. FACTS AND PROCEEDINGS

A. Facts

In December 1999, while Kalindi McAlpine and Shaun Pacarro were living together, Shaun assaulted Kalindi. Shaun pleaded guil... More...    $0 (10-21-2011 - AK)

An elderly woman requiring long-term medical care gave $120,000 to her son in February 2007. The mother believed that the gift would not prevent her from receiving Medicaid coverage if she lived long enough to exhaust her remaining assets. She relied on a provision in Alaska’s Medicaid eligibility manual that suggested prospective Medicaid beneficiaries could give away a portion of their assets ... More...    $0 (09-23-2011 - AK)

In 1948 Claude Yeisley received a patent to Tract A, consisting of 4.45 acres of land in Ketchikan, from the United States. In 1956 he deeded a lot of land within Tract A to his daughter and her husband, the Cowans, along with a “perpetual right of way running with the land” over a 30-foot strip of “right of way” running along the southeastern side of Tract A. Between 1960 and 1973, Claude... More...    $0 (05-27-2011 - AK)

Does the Alaska Workers’ Compensation Appeals Commission have subject matter jurisdiction to review interlocutory orders of the Alaska Workers’ Compensation Board before a final Board decision? In 2006 the Commission decided that it had implied jurisdiction to hear motions for extraordinary review, which are similar to petitions for review in the appellate courts. In 2008 an employer asked the... More...    $0 (06-24-2011 - AK)

Advanced Physical Therapy (APT) terminated the employment of Patricia Hoendermis (“Patti”), the clinic’s practice administrator, for an inability to communicate with her co-workers and supervisor. Hoendermis sued APT for wrongful termination and failure to provide overtime compensation. The superior court granted APT summary judgment on both claims. Hoendermis appeals. We reverse the grants ... More...    $0 (04-29-2011 - AK)

Both parties to this action sought custody of their three children during their divorce proceeding. The trial court found the father had a history of domestic violence and awarded the mother sole physical and legal custody pursuant to AS 25.24.150(g). The father appeals, arguing: (1) he did not have a history of domestic violence sufficient to trigger the presumption against awarding him custody u... More...    $0 (11-19-2010 - AK)

In this petition for review, we address whether an arbitrator should decide two disputed insurance coverage issues.   This matter arises in the context of an insurance policy's arbitration clause that provides for arbitration by written request of the insured or the insurer as to either of two questions:  (1) “Is the insured legally entitled to collect damages from the owner or driver of the... More...    $0 (04-22-2005 - AK)

Property owners in the Matanuska-Susitna Borough obtained preliminary approval for a plat after agreeing to certain conditions regarding easements and rights-ofway. They submitted a final version of the plat that did not conform to those conditions, but the Borough Platting Board accepted it for recording. Other owners of property in the same subdivision complained to Borough officials, appealed t... More...    $0 (04-23-2010 - AK)

This appeal addresses a dispute between Jeffrey Labrenz and Shane and Jill Burnett over the use of land described in an easement. Labrenz has a driveway easement over the Burnetts’ land, and in building his driveway, Labrenz installed decorative rocks, shrubs, trees, a fence, and a gate on the Burnetts’ property. The superior court agreed with Labrenz that the slope of the Burnetts’ land nec... More...    $0 (10-20-2009 - AK)

Deborah Luper raises dogs on property she owns in the City of Wasilla. City ordinances applicable to her property prohibited keeping more than three dogs without a permit. When the city sued Luper to enforce its ordinance, she applied for a use permit for an eighteen-dog kennel. The city denied her permit application and she appealed. After consolidating her permit appeal with the city’s enforce... More...    $0 (09-11-2009 - AK)

Real estate investors sued for two alleged breaches of the investors’ right of first refusal regarding a parcel of real property. The first arose from the proposed transfer of a twenty-five percent interest in the property to a third party in exchange for a twentyfive percent interest in a business to be operated by a the third party on the property. The second arose from the later actual transf... More...    $0 (08-21-2009 - AK)

Progressive Casualty Insurance Company appeals the superior court’s ruling that it issued an ambiguous insurance policy and acted improperly in handling its insured’s claim. Specifically, Progressive challenges the superior court’s conclusions that (1) the Progressive policy failed to meet the requirements for a “personal motor vehicle liability” policy under AS 28.22.101(c); (2) the Pro... More...    $0 (07-10-2009 - AK)

This case presents an appeal from the superior court’s modified award of attorney’s fees and personal representative fees. In a prior appeal, we concluded that the estate’s personal representative, James Dieringer, breached his fiduciary duty to the estate by engaging in self-dealing and other bad faith conduct. We vacated awards of attorney’s fees and personal representative fees and rema... More...    $0 (07-03-2008 - AK)

This appeal involves a controversy surrounding a large fire started by
Dorene Lorenz and other persons for the purpose of clearing rubbish. Russell Maddox,
a next-door neighbor, sued Lorenz and other parties he thought were involved for
damages the fire caused to his home-based business and property. Lorenz
counterclaimed, primarily stating claims based on Maddox’s behavior towar... More...    $0 (07-11-2008 - AK)

In an action to collect on a judgment against Raymond Moore, TWS, Inc. obtained a charging order against his interest in a purported mining partnership with Joe B. Hall and subsequently purchased his interest at a foreclosure sale and sued to dissolve the partnership. The superior court found that, although Moore and Hall formed a partnership at will in 1990, the partnership was dissolved i... More...    $57508 (06-23-2005 - AK)

This case requires us to determine whether Alaska law gives shellfish farmers the exclusive right to harvest wild stocks already growing on their farm sites. Several applicants asked the Alaska Department of Fish and Game for aquatic farm permits allowing them to grow and commercially harvest geoduck clams in Alaska waters. When the Department of Fish and Game declined to give them exclusiv... More...    $0 (04-18-2004 - AK)

This case presents questions about the duty a liability insurer owes its insured when personal injury plaintiffs make a policy limits settlement demand. A jury ultimately returned a special verdict for the liability insurer following a trial of the insured's bad faith claim against the insurer. We hold that it was not error, under the circumstances of this case, to decline to give the trial... More...    $0 (04-02-2004 - AK)

Allan Norville owns a shopping cent... More...    $0 (02-15-2004 - AK)

1. Did the policy issued by Great Divide to Gowdy & Son cover the accident that resulted in... More...    $1540000 (10-24-2003 - AK)

Albert Kennedy sued Brandywyn ("Bryn") McElroy for return of child support that he had paid. He lost the case. In a second lawsuit, Kennedy obtained a judgment against McElroy that required her to return child support she had received from Kennedy. McElroy challenges the denial of her motion to dismiss the second lawsuit. Because we agree with McElroy that res judicata should have acted as a b... More...    $0 (08-01-2003 - AK)

A jury awarded Susan Anderson compensatory and punitive damages against Central Bering Sea Fishermen's Association and its president, Carl Merculief, based upon her claims of constructive retaliatory discharge, promissory estoppel, and defamation. The Association and Merculief challenge various aspects of the damages awards. We agree that the jury's award of lost earnings is excessive; however,... More...    $638000 (09-06-2002 - AK)

John Reeves developed an idea to build a visitor center at a turnout overlooking the Trans-Alaska Pipeline near Fairbanks. He described his idea to Alyeska's Fairbanks manager, Keith Burke, in return for Burke's promise not to use the idea without allowing Reeves to participate in its implementation. Yet Alyeska subsequently ceased dealing with Reeves and proceeded to build the visitor center o... More...    $1820000 (07-19-2002 - AK)

We address here claims arising from a letter sent and statements made by Alyeska Pipeline Service Company during negotiations for a proposed three-way transaction involving Alyeska, Sea Hawk Seafoods, Inc., and Valdez Fisheries Development Association, Inc. Because Valdez Fisheries’ complaint against Alyeska did not state a claim on which relief could be granted, we hold that it was not ... More...    $0 (04-19-2002 - AK)

The University of Alaska terminated Dr. Mritunjoy Sengupta from his position as a tenured professor of mining engineering. The University based its decision on the factual findings made by a hearing officer at an earlier proceeding on grievances brought by Sengupta against the University. These findings from the grievance proceeding were later accorded collateral estoppel effect in the ter... More...    $0 (04-27-2001 - AK)