Betty Jean Bertschinger, Administratrix of the Estate of Rene Bertschinger v. National Surety Corporation

EUGENE A. WRIGHT, Circuit Judge:

This diversity action presents a question about the scope that Alaska law gives to an insurer’s undertaking in its policy to defend a personal injury suit against its insured.

Rene Bertschinger and David Cleaver died from carbon monoxide inhalation while working for Kenneth Arndt as seamen aboard the vessel “Little Toot.” Their personal representatives brought Jones Act suits against Arndt. He tendered defense of the suits to the National Surety Corporation, which had issued a comprehensive personal liability policy to him.

Under the policy National Surety…