Tyler v. Fireman's Fund Insurance Co

In Tyler v. Fireman's Fund Insurance Co., 255 Mont. 174, 841 P.2d 538 (Mont. 1992), an insurance company brought an action to recover on a claim it had already paid the insureds, after learning that a fire was intentionally set by one of them. Id. The court held that an insurer could recover for claims paid due to fraud even if one insured was not aware of any fraud. 841 P.2d at 541. The language of the insurance policy specifically stated that it would be void if the insured willfully concealed or misrepresented any material fact or circumstance concerning this insurance policy. Id. The court stated that a party is entitled to recover money which it paid by mistake of fact or law and which the receiver ought not to retain in equity and good conscience. Id.