Fraudulent application for insurance. The issue of whether an insured answered questions falsely during the application process is a question for a jury. Testimony describing fraudulent statements by an insured during the application process were admissible as an exception to the rule against hearsay. Schindler v. United States Automobile Ass’n, (USAA) Inc., 2011 MT 129, 360 Mont. 528, 254 P.3d 583.
Attorney fees and litigation costs can be recovered from insurer when an insured is forced to incur legal fees during litigation because of refusal by the insurer to cover expenses. Gotham Ins. Co. v. Allegiance Ben. Plan Management, Inc., CV 11-39-M-DWM, slip op., D. Mont., August 9, 2011. (also found at WL 3475467).