Alaska - Chapter 2 - Fundamentals of Insurance Coverage in all 50 States - 3rd Edition

I. THE CONTRACT OF INSURANCE
A. Proving the Existence and Terms of Insurance Policies
Alaska Stat. § 01.10.010 (1989) provides that the common law is the rule
of decision in the state, it is likely that the insured has the burden of proving the
contents of an insurance policy. In accordance with general rules of law, the
insurer has the burden of proof with respect to any exclusions it asserts as
affirmative defenses. Alaska Continental Bank v. Anchorage Commercial Land
Assocs., 781 P.2d 562 (Alaska 1989); Skagway City School Bd. v. Davis, 543
P.2d 281 (Alaska 1975), overruled on other grounds, Diedrich v. City of
Ketchikan, 805 P.2d 362 (Alaska 1991).
B. Missing Insurance Policies
1. Proof of Contents of Missing Policies
The best evidence rule provides, with some exceptions, that no evidence
other than the original of a writing is admissible to prove the contents of a
writing. Secondary evidence may be admitted to prove the contents of the
writing if the original has been lost or destroyed, unless done so by the
proponent of the writing “in bad faith” or with fraudulent intent. Black v. Dahl,
625 P.2d 876 (Alaska 1981); Davis v. McCall, 568 P.2d 956 (Alaska 1977).
Once the insured has produced evidence showing the policy has been lost or
destroyed and the insured has conducted a reasonably diligent but unsuccessful
search for the missing policy, secondary evidence of the contents of the policy
will be admissible. London v. Standard Oil Co. of California, 417 F.2d 820 (9th
Cir. 1969).

The three authors of this treatise form the nucleus of one of the most respected insurance litigation firms in the world. Together, they bring a total of more than 75 years of litigation experience to bear on their clients' insurance defense and coverage needs. 

Bradley W. Matthiesen is a Senior Partner with the law firm of Matthiesen, Wickert & Lehrer, S.C., where he has been an insurance defense trial attorney for the past 12 years. He has litigated and tried numerous personal injury, insurance coverage, toxic tort, lemon-law and Magnuson-Moss warranty cases for individual insureds, insurance companies and numerous automobile dealerships throughout Wisconsin. In addition, Mr. Matthiesen has strived to provide legal services in all matters relating to a general practice law firm. Mr. Matthiesen has particularly strong ties to the insurance industry, especially insurance defense litigation. Mr. Matthiesen worked in the insurance industry for many years, and earned his C.P.C.U. and C.L.U. designations. He is also a past C.C.I.C. Arbitration Committee Vice Chairman and an Instructor at the American Institute of Paralegal Studies. 

Gary L. Wickert is a Senior Partner with the law firm of Matthiesen, Wickert & Lehrer, S.C., and is regarded as one of the world's leading experts on insurance subrogation in all lines of insurance. He is the author of several subrogation books and legal treatises and is a national and international speaker and lecturer on subrogation and motivational topics. Mr. Wickert is also a published commercial fiction author and a politician in Wisconsin. Licensed in both Texas and Wisconsin, Mr. Wickert is double board-certified in both personal injury law and civil trial law by the Texas Board of Legal Specialization. He is also certified as a Civil Trial Advocate by the National Board of Trial Advocacy, for whom he has both written and graded the product liability questions contained on the NBTA national certification exam taken by trial lawyers around the country. For nearly 25 years, Mr. Wickert has served as an expert witness and insurance consultant on subrogation and insurance related issues and has been consulted by insurance carriers, lawyers, and legislative bodies from several states. He is a licensed arbitrator and has attended more than 1,000 mediations in more than 30 different states.

Douglas W. Lehrer is a Senior Partner with the law firm of Matthiesen, Wickert & Lehrer, S.C. Mr. Lehrer's insurance defense practice spans the spectrum of insurance related issues, including defending insureds and their insurers in response to claims of personal injury, property damage and wrongful death. His experience includes the handling of countless lawsuits arising out of automobile collisions, slip and falls, product liability claims, toxic tort claims and construction and work site accidents. He has a long history of representing insurance companies on all types of insurance coverage disputes, as well as defending insurers in response to claims of bad faith. Mr. Lehrer oversees a significant number of the firm's complicated and significant coverage dispute cases, and has handled the trial of such insurance coverage matters as well as subsequent appeals.