Judgments: Collateral Estoppel

Hodge v. State Fund [1/17/01] 2001 MTWCC 1 The doctrine of res judicata does not bar an insurer, even a governmentally sponsored one such as the State Fund, from pursuing an affirmative defense of fraud in claimant's action for benefits even though claimant was acquitted of fraud in a criminal action since the burden of proof in the criminal case (beyond a reasonable doubt) was significantly higher than in a claim for benefits (preponderance.) Restatement of Law Second, Judgments, secs. 27, 28, 85.