State v. Borsberry, 332 Mont. 271

Summary

The Supreme Court of Montana affirmed Timothy Borsberry's conviction for felony insurance fraud and the order requiring him to pay restitution to Allstate Insurance Company. The court held that sufficient evidence supported the finding that Borsberry provided incomplete information in support of his insurance claim, despite acquittals on related charges, and that Allstate suffered a compensable pecuniary loss. The court also held that the district court did not abuse its discretion in declining to order production of an Allstate document at sentencing.

Holdings

1. The State presented sufficient evidence for a rational jury to find Borsberry guilty of insurance fraud.
2. The acquittals on criminal endangerment and providing false reports did not invalidate the insurance-fraud conviction; Montana does not require consistency among criminal verdicts.
3. The District Court properly ordered Borsberry to pay Allstate $22,997.52 in restitution.
4. The District Court did not abuse its discretion by finding the document concerning Allstate's policy voidance irrelevant to restitution and refusing to order its production.

Questions Presented

1. Whether sufficient evidence supported Borsberry's conviction for insurance fraud based on his incomplete or misleading statement to Allstate.
2. Whether the jury's acquittals on related charges required the insurance-fraud conviction to be vacated or retried because the verdicts were allegedly inconsistent.
3. Whether the District Court properly ordered Borsberry to pay $22,997.52 in restitution to Allstate.
4. Whether the District Court abused its discretion by refusing to order production of a document concerning Allstate's decision to void the policy.

Disposition

affirmed