Montana State Fund v. Simms [01/09/08] 2008 MTWCC 3 In situations alleging fraud or deception, this Court need no longer look to Mont. R. Civ. P. 60(b) because § 39-71-2909, MCA, as amended in 1995, now covers situations in which fraud or deception is alleged. Therefore under § 39-71-2909, MCA, this Court has the jurisdiction to consider a petition for declaratory ruling which alleges a claimant fraudulently obtained benefits.