Insurer's as Victims Entitled to Restitution

0
3K

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.

Sponsor

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

Căutare
Categorii
Citeste mai mult
True Crime
True Crime of Insurance Fraud Video Number 63
Fraud Isn’t Fun AnymoreRead the full article at https://lnkd.in/ga89cGrV and see the full...
By Barry Zalma 2022-04-28 13:48:16 0 3K
Alte
True Crime Stories About Insurance Fraud
True Crime Stories About How Insurance Fraud Costs Everyone Read the full article at...
By Barry Zalma 2022-01-18 14:25:43 0 3K
Home
WHO ARE THE SEEDS OF GOD
THE SEEDS OF GODWHO ARE THEYWHAT IS THEIR FUTURE Few are the seeds of God, but they are mighty,...
By Nibbie Chase 2020-07-13 12:28:27 0 5K
Crime
Zalma's Insurance Fraud Letter - June 15, 2022
Zalma’s Insurance Fraud Letter – June 15, 2022Read the full article at...
By Barry Zalma 2022-06-15 14:21:19 0 3K