Wasserman's Appellate Summaries
October 19, 2000
By Lawrence Wasserman, Esq.
Netlaw Libraries welcomes back attorney Lawrence Wasserman as a new website contributor. We are pleased to announce that his guest column, which synopsizes the recent decisions from the Ninth Circuit Court of Appeals, the California Supreme Court, the six California appellate districts, as well as some of the recent and interesting decisions from the U.S. Supreme Court, will be appearing as a regular feature for members and guests visiting the Netlaw Libraries website. We hope that you will find it to be a good way to start your legal research day and welcome your comments and criticisms regarding the column.
KEEPING CURRENT, October 19, 2000
1 NEW APPELLATE CASE
CASES OF PARTICULAR INTEREST:
Restitution order for fraudulent insurance claims is payable directly to the insurance company, as the direct victim of a crime.
FOR A QUICK REVIEW VISITORS AND SUBSCRIBERS CAN SEE WASSERMAN'S APPELLATE SUMMARIES.
People v. Moloy
Case No. B135874
California Court of Appeal, Sixth District
CRIMINAL-INSURANCE FRAUD-INSURANCE COMPANY THAT PAID THE FRAUDULENT IS THE DIRECT VICTIM OF A CRIME
Moloy participated in a scheme by which he and others caused unsuspecting motorist to collide with vehicles driven by Moloy or Moloy’s associates. Moloy submitted false claims under a variety of names to the companies who insured the victimized motorists. He pleaded guilty to conspiracy to knowingly present a false or fraudulent claim and knowing presentation of a false or fraudulent claim. Moloy had two prior convictions within the meaning of the three strikes law and sentenced him to a term of 25 years to life in state prison and was also ordered to make direct restitution to State Farm and Safeco Insurance Companies in the amount of the fraudulent payments.
HELD: The California Constitution provides that: "Restitution shall be ordered from the convicted persons in every case, regardless of the sentence or disposition imposed, in which a crime victim suffers a loss, unless compelling and extraordinary reasons exist to the contrary." The fact the insurance companies were obligated to make the payments to Moloy by reason of their contracts with the insureds does not foreclose the conclusion the insurance companies were the direct victims of Moloy’s fraud. The insured motorists suffered no financial loss arising out of Moloy’s submission of false insurance claims. Affirmed.
People v. Hall
Case No. C031119
California Court of Appeal, Third District
ORDER
Modification of opinion filed on September 27, 2000, not effecting the judgment.
Shaw v. Hughes Aircraft Company
Case No. G021049
California Court of Appeal, Fourth District, Division Three
ORDER
Modification of opinion filed on September 29, 2000, not effecting the judgment.
*Change in law, interesting case, or just watch out!
For the complete California cases, visitors can click on here to go to
STATE DAILY OPINIONS
For the complete 9th Circuit cases, visitors can click on here to go to
FEDERAL RESOURCES
Wasserman's Archived Appellate Summaries
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