Insurer's as Victims Entitled to Restitution

0
3KB

When a Claim is Paid as a Result of a Crime Insurer Must Demand Restitution

Read the full article at https://www.linkedin.com/pulse/insurers-who-pay-claim-caused-crime-victims-entitled-barry and at https://zalma.com/blog plus more than 3850 posts.

Montana Supreme Court Allows Restitution to Insurer

Sami Jo Lodahl (Lodahl) appealed an order sentencing her to pay restitution to the Montana State Fund (MSF) for benefits it paid to Sergeant Dawn Miller (Miller) from the Gallatin County Detention Center related to an on-the-job injury. Lodahl argues the MSF does not qualify as a “victim” requiring payment of the restitution amount, in essence, would cause her unjust hardship given her dire financial circumstances, and the court should have considered Miller’s alleged comparative negligence when awarding restitution. In State Of Montana v. Sami Jo Lodahl, 2021 MT 156, DA 19-0406, Supreme Court Of The State Of Montana (June 29, 2021) the Supreme Court found restitution was in order but that the the defendant was too poor to pay.

ZALMA OPINION

A correct decision on the law makes an important decision that an insurer is entitled to restitution from a criminal convicted of a crime that caused the insurer to pay money to its insured. It then, like Solomon, decided that the trial court erred requiring a poor woman to pay the restitution since it would make her life too difficult and replaced its judgment on ability to pay with that of the trial court that saw and heard the witnesses and evidence.

Patrocinado

We are 100% funded for October.

Thanks to everyone who helped out. 🥰

Xephula monthly operating expenses for 2024 - Server: $143/month - Backup Software: $6/month - Object Storage: $6/month - SMTP Service: $10/month - Stripe Processing Fees: ~$10/month - Total: $175/month

Xephula Funding Meter

Please Donate Here

Pesquisar
Categorias
Leia mais
Health
Infectuous pneumonia on the rise with the prevalance of masks... and remember you'll be counted as a covid case to increase their cash flow.
A message for the maskaholics out there... yes, we know who you are, we can see who you are,...
Por Scarecrow III 2020-11-01 15:49:02 0 5KB
Health
Quebec cop quits over government perversion of "disease" reality
As we would expect if professionals were able to openly express their views without being afraid...
Por Scarecrow III 2020-10-21 22:49:02 0 4KB
Outro
A Video Explaining the Difference Between Property & Liability Insurance
Interpretation of First and Third Party Insurance Policies Read the full article at...
Por Barry Zalma 2020-12-16 14:07:46 0 4KB
Outro
Evidence Needed to Prove Insurance Fraud
A Video Explaining the Need to Gather Evidence to Prove Fraud Read the full article at...
Por Barry Zalma 2021-09-24 13:21:18 0 4KB
Outro
Only Insureds Entitled to Defense
Representative of Five Dead Seek to Hold Owner of Vehicle’s Insurer Responsible for Deaths...
Por Barry Zalma 2022-12-06 13:44:47 0 3KB