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AREN PERDUE COMMISSIONER DEPARTMENT OF HEALTH AND SOCIAL SERVICES AND THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES STATE OF ALASKA CROSS-MOTION FOR SUMTHIRD JUDICIAL DISTRICT AT ANCHORAGE
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EXTRACTED KEY WORDS
ARBITRATION COMPENSATION WORKERS RUSHING ARBITRATION AWARD ATTORNEY FEES AMOUNT COURT PROGRESSIVE INSURANCE AMOUNTS PAID OFFSET ALASKA COVERAGE UNINSURED MOTORISTS ASSERT MEDICAL PAYMENTS COVERAGE PATRICIA RUSHING PLAINTIFF PATRICIA VACATE ARBITRATION POLICY LIMITS ARBITRATION PANEL MEDICAL EXPENSES LIABILITY COVERAGE INSURANCE COMPANY UM/UIM COVERAGE COVERAGE DEFENSES RESERVATION RIGHTS LETTER ARBITRATORS |
IN THE SUPERIOR COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT AT ANCHORAGE In re Arbitration of PATRICIA RUSHING, Plaintiff, vs. PROGRESSIVE INSURANCE CO.,Defendant. Case No. 3AN-98-4545 CI DECISION AND ORDER: Petition to Vacate Arbitration Decision Counter Motion to Confirm Award and for Attorney Fees This dispute comes to the court following arbitration of Plaintiff Patricia Rushing's uninsured ressive Insurance Company. Progressive moves the court for an order reducing the arbitration award sation. Rushing moves the court for an order confirming the arbitration award and awarding Rule 82 The parties' contentions raise the following issues: (1) Did Progressive waive the right to assert an offset for workers' compensation paid or payable (2) If Progressive did not waive the right to assert an offset for workers' compensation, should ing be offset against her recovery under the Progressive policy? (3) Is Rushing entitled to Rule 82 attorney fees on the arbitration award?SNIPPETS: |
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