Defenses: Fraud

Hodge v. State Fund [1/17/01] 2001 MTWCC 1 Res judicata, collateral estoppel, and double jeopardy doctrines do not preclude an insurer, even a governmentally state sponsored insurer such as the State Fund, from raising an affirmative defense of fraud with respect to benefits due a claimant despite claimant's acquittal of fraud charges in a criminal action.
K. Miller v. State Fund [9/20/00] 2000 MTWCC 63 Claimant's motion in limine to exclude evidence of fraud at trial was not proper where claimant, in essence, sought to strike an affirmative defense but had not moved for partial summary judgment or to strike. The motion to exclude was also denied because no agreement to drop fraud defense arose from communications to Clerk of Court by counsel.