Robert Boochever

Homeowners Wolfgang and Janet Elaine Hahn purchased a title insurance policy from Alaska Title Guaranty Company that disclosed only a 33-foot easement along their property boundary, as noted in the 1961 U.S. patent. The State of Alaska later asserted a wider 50-foot easement based on a 1949 federal Public Land Order published in the Federal Register, which was used to build a road encroaching an additional 17 feet; the Hahns sued the insurer for damages from the undisclosed encumbrance. The trial court granted summary judgment to the title company, and the Hahns appealed on whether the federal order qualified as a 'public record' under the policy's definition of records imparting constructive notice under recording laws. The court reasoned that insurance policy ambiguities must be construed in favor of the insured, that Federal Register publication provides constructive notice per federal statute, and that the policy definition was not limited to Alaska recording laws, leading to a decision favoring coverage for the Hahns.

property

This case involves a lawsuit by Kathleen Hendrickson against the University of Alaska claiming negligence for failing to provide adequate dormitory security, resulting in an attack on her, and seeking both compensatory and punitive damages. The University moved for summary judgment on punitive damages, which the trial court denied on the ground that operating a dormitory was a proprietary rather than governmental function. On review, the Alaska Supreme Court reversed, holding that punitive damages cannot be recovered against the University. The ruling rests on AS 09.50.280, which bars punitive damages in actions against the state, and on precedent treating the University as an integral part of state government subject to the same statutory limits.

torts & liability

The case involved plaintiff Stewart Irving suing two defendants for damages to his car and personal injuries from two separate rear-end collisions occurring six months apart. The jury awarded Irving $7,153.45 against Bullock and $315.28 against Hett; Irving appealed, claiming errors in jury instructions on injury aggravation and pre-existing conditions, the denial of his motion for a new trial based on the lack of a pain-and-suffering award, and the trial court's award of attorney's fees to one defendant following an offer of judgment. The Alaska Supreme Court affirmed the judgment, holding that the challenged instructions were supported by the evidence and correctly stated the law, that Irving failed to prove the verdict omitted pain and suffering, and that the fee award was proper under Alaska Civil Rules 68 and 82. The court declined to review an unpreserved objection to the burden of proof on damages allocation, finding no plain error.

torts & liabilityprocedure

Mary B. Ramsey sued Transamerica Title Insurance Company for breach of contract and negligence, alleging that the company failed to inform her of a recorded revocation of her ex-husband's power of attorney, which prevented her from validly selling property they owned as tenants in common and led to lawsuits and settlement costs. The trial court directed a verdict for the company on the contract claim but submitted the negligence claim to the jury, which awarded Ramsey $35,000 in damages. On appeal, the Alaska Supreme Court held that the negligence claim based on negligent misrepresentation was properly submitted to the jury because the company knew Ramsey intended to rely on its examination of the power of attorney, rejected contributory negligence as a matter of law, and found errors in the damage instructions that required remand for reduction of certain awards or a new trial on damages.

torts & liabilityproperty