Constitutional Law: Double Jeopardy

Hodges v. State Fund [01/17/01] 2001 MTWCC 1 The double jeopardy clauses of the United States and Montana Constitutions do not preclude an insurer, even the State Fund, from raising an affirmative defense of fraud after claimant has been acquitted of fraud in a criminal prosecution. Denial of benefits based upon fraud is not a penalty within the meaning of the double jeopardy clause.