Background:

• A fire on March 13, 2014, rendered Shelly Legault's home uninhabitable.
• Legault claimed Additional Living Expenses (ALE) under her homeowner's insurance policy with TD, including $20,000 paid to an acquaintance, Wendy Ogden, for rent.
• TD denied the claim after an investigation revealed that Legault's declaration about living expenses was fraudulent.
• Legault sued TD, seeking $1 million in damages.

Trial Court Decision:

• TD was justified in treating the policy as forfeited due to Legault’s fraudulent claim.
• TD's counterclaim against Legault was granted.
• Legault was ordered to pay damages and costs to TD.

Issues on Appeal:

1. TD's Alleged Breach of Contract:

   • Legault claimed TD breached the contract by failing to provide proof of loss forms timely, maintaining her standard of living, and conducting a thorough investigation.
   • The court found that Legault’s fraud nullified any breaches by TD, and her right to recover under the policy was vitiated.

2. Professional Witnesses:

   • Legault objected to TD paying two professional witnesses for their testimony.
   • The court upheld the trial judge's decision to allow their testimony, finding it reasonable under the circumstances.

3. Cost Award:

   • Legault challenged the trial judge’s costs award, arguing it was excessive.
   • The appeal court found no error in the trial judge’s exercise of discretion in awarding costs.

Conclusion:

• The appeal was dismissed.
• TD was awarded $15,000 in costs for the appeal.

Key Points:

• Fraudulent claims can result in complete forfeiture of insurance coverage.
• Payments to professional witnesses are permissible under certain conditions.
• Appeals on cost awards face a high threshold for success.

Disposition:

• Appeal dismissed.
• Costs awarded to TD in the amount of $15,000.