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- Alaska Statutes.
- Title 9. Code of Civil Procedure
- Chapter 17. Civil Damages and Apportionment of Fault
- Section 70. Collateral Benefits.
previous: Section 60
. Effect of Contributory Fault.
next: Section 80
. Apportionment of Damages.
AS 09.17.070. Collateral Benefits.
- (a) After the fact finder has rendered an award to a claimant, and after the court has awarded costs and attorney fees, a
defendant may introduce evidence of amounts received or to be received by the claimant as compensation for the same
injury from collateral sources that do not have a right of subrogation by law or contract.
- (b) If the defendant elects to introduce evidence under (a) of this section, the claimant may introduce evidence of
- (1) the amount that the actual attorney fees incurred by the claimant in obtaining the award exceed the amount of attorney
fees awarded to the claimant by the court; and
- (2) the amount that the claimant has paid or contributed to secure the right to an insurance benefit introduced by the
defendant as evidence.
- (c) If the total amount of collateral benefits introduced as evidence under (a) of this section exceeds the total amount
that the claimant introduced as evidence under (b) of this section, the court shall deduct from the total award the
amount by which the value of the nonsubrogated sum awarded under (a) of this section exceeds the amount of payments
under (b) of this section.
- (d) Notwithstanding (a) of this section, the defendant may not introduce evidence of
- (1) benefits that under federal law cannot be reduced or offset;
- (2) a deceased's life insurance policy; or
- (3) gratuitous benefits provided to the claimant.
- (e) This section does not apply to a medical malpractice action filed under AS 09.55.
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