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MALONEY v. PROGRESSIVE SPECIALTY INS. CO.

No. S-10950.

99 P.3d 565 (2004)

Denise C. MALONEY and Kenneth Maloney, Appellants, v. PROGRESSIVE SPECIALTY INSURANCE COMPANY, an Ohio Corporation, Appellee.

Supreme Court of Alaska.

October 8, 2004.

Attorney(s) appearing for the Case

Michael J. Schneider, Law Offices of Michael J. Schneider, P.C., Anchorage, for Appellants.

Gary A. Zipkin and Jonathan A. Woodman, Guess & Rudd, P.C., Anchorage, for Appellee.

Before: BRYNER, Chief Justice, MATTHEWS, EASTAUGH, FABE, and CARPENETI, Justices.

OPINION

BRYNER, Chief Justice.

I. INTRODUCTION

Denise Maloney was seriously injured in an auto accident caused by a driver insured by Progressive Specialty Insurance Company. Progressive's policy provided for a maximum payment of $50,000, plus attorney's fees assessed under Alaska Civil Rule 82. Progressive acknowledged liability and damages exceeding the policy's limit — circumstances that obliged Progressive to give Maloney a policy...

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