Safety National Casualty Corp. v. Pacific Employers Insurance Co.

OPINION

FABE, Justice.

I. INTRODUCTION

This is a dispute between two insurers, one primary and the other excess. The primary insurer entered into a settlement agreement on behalf of its insured and now seeks to hold the excess insurer responsible for a share of attorney’s fees under Alaska Civil Rule 82. We hold that the excess insurer is not responsible for a portion of Rule 82 attorney’s fees.

II. FACTS AND PROCEEDINGS

A. Background

On November 18, 1985, Norbert Brey was injured in a ear accident. Brey was allegedly riding in an infant ear seat manufactured by Spalding & Evenflo Companies, Inc.…