supported decision-making agreement from being used as
Evidence
Rule: 404
Jurisdiction: AK
Bluebook Citation: Alaska R. Evid. 404
evidence of a principal's incapacity (see definitions in AS 13.56.190, added by section 1 of the Act). Note: Chapter 12, SLA 2019 (HB 78) enacted a number of changes relating to the insurance code. According to section 8 of the Act, provisions in sections 3 (enacting AS 21.22.117) and 5 (amending AS 21.22.120) of the Act have the effect of changing Evidence Rules 402 and 501, effective July 20, 2019, by creating a new privilege relating to insurance holding companies and insurance holding company systems that would prevent a person from being permitted or compelled to testify about confidential documents, materials, or information in a private civil action. These same provisions preclude the admissibility of evidence: (a) in a private action, of documents, materials, or other information in the possession or control of the National Association of Insurance Commissioners relating to insurance holding company systems; and (b) in a proceeding against certain insurers or person in an insurance holding company system, of agreements or documentation relating to insurance holding companies and insurance holding company systems. insurance holding companies and Note: Chapter 39, SLA 2024 (SB 134) enacted data security standards for Alaska-licensed insurance companies and procedures for investigation and notification of a cybersecurity event. According to section 4 of the Act, AS 21.23.290(a)(4) and (c), enacted by section 1 of the Act, have the effect of changing Rules 402 and 501, Alaska Rules of Evidence, by (a) creating a new privilege that would prevent the director of the division of insurance, or an individual acting under the authority of the director, from being permitted or compelled to testify about confidential or privileged documents, materials, or information in a private civil action; and (2) precluding admissibility of evidence in a private action of documents, materials, or other information in the possession or control of the division of insurance that is provided by a licensee or an employee or agency acting on behalf of a licensee under AS 21.23.260(f) or 21.23.280(b)(2) – (5), (8), (10), or (11) or that is obtained by the director in an investigation or examination under AS 21.23.310.
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