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ALPS v. INGALDSON FITZGERALD, P.C.

No. S-15683.

370 P.3d 1101 (2016)

ATTORNEYS LIABILITY PROTECTION SOCIETY, INC., a Risk Retention Group, Plaintiff, Cross-Appellant/Appellee, v. INGALDSON FITZGERALD, P.C., f/k/a Ingaldson, Maassen & Fitzgerald, P.C., Defendant, Appellee/Cross-Appellant.

Supreme Court of Alaska.

March 25, 2016.

Attorney(s) appearing for the Case

Kendra E. Bowman and Scott J. Gerlach , Delaney Wiles, Inc., Anchorage, and Kevin D. Hartzell and Angela Probasco , Kutak Rock LLP, Omaha, Nebraska, for Plaintiff — Cross-Appellant/Appellee.

William H. Ingaldson and Jim M. Boardman , Ingaldson Fitzgerald, P.C., Anchorage, for Defendant-Appellee/Cross-Appellant.

Daniel Wilkerson , Assistant Attorney General, Anchorage, and Craig W. Richards , Attorney General, Juneau, for Amicus Curiae State of Alaska.

Before: STOWERS, Chief Justice, FABE and BOLGER, Justices, and MATTHEWS and EASTAUGH, Senior Justices.

OPINION

I. INTRODUCTION

Today we resolve two questions certified to us by the United States Court of Appeals for the Ninth Circuit:

1. Does Alaska law prohibit enforcement of a policy provision entitling an insurer to reimbursement of fees and costs incurred by the insurer defending claims under...

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