deciding that when the insurance company is the intended victim of the crime, a restitution award in favor of the insurance company is permissible
How later courts described this case
- deciding that when the insurance company is the intended victim of the crime, a restitution award in favor of the insurance company is permissible
- Galloway distinguished and restitution award to insurer upheld where crime involved charges that defendant committed arson to defraud insurer and collect insurance proceeds
- insurance corppany was “victim” entitled to restitution for defendant’s conspiracy to burn car in order to collect insurance
Written by the judges who cited it.
The opinion
SCHILLER, Judge,
concurring.
I join the majority to the extent that the restitution order should be affirmed since the defendant was charged with and pleaded to arson with intent to defraud an insurance company thereby making the insurance company in this case a victim entitled to restitution. Statutory changes enacted subsequent to defendant’s crime are irrelevant.