Insurance Recovery by Victim of Crime is not Entitled to Restitution

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Lamar Speights appealed the trial court’s restitution order. He contends that the trial court erred in ordering him to pay $299,337.83 in restitution because, among other things, the trial court failed to inquire about “obvious” insurance coverage prior to ordering restitution. In State Of Ohio v. Lamar Speights, No. 109733, 2021 Ohio 1194 Court Of Appeals Of Ohio (April 8, 2021) the Court of Appeals ruled in favor of the state.

ZALMA OPINION

Mr. Speights was a very bad man who pled guilty to multiple criminal acts causing damage to the victims. Ohio has logically stated that a crime victim who is reimbursed by an insurer for its losses should not receive restitution. What they fail to understand is that, if the losses are insured, then the insurer is the victim and entitled to any payment of restitution since, allowing an insured to receive indemnity twice would unjustly enrich the victim who should turn over anything received to its insurer. Every insurer should instruct courts that they are also “victims” and entitled to restitution.