Is a defendant entitled to restitution of any amount paid by insurance companies to the victims of his crime?

California, United States of America


The following excerpt is from The People v. Hove, 76 Cal.App.4th 1266, 91 Cal.Rptr.2d 128 (Cal. App. 1999):

The court answered both questions negatively, finding that the version of Penal Code section 1203.04 in effect in November 1994, the time of defendant's crimes, did not give insurers a right to restitution of any amounts paid to reimburse the crime-related losses of their policyholders. (People v. Birkett, supra, 21 Cal.4th 226, 229.) Nor did the statute permit a trial court to order restitution to insurers because the statute "gave 'direct victim[s]' a right to restitution based on the full amount of their losses, without regard to full or partial recoupment from other sources . . . ." (Id., at p. 229, original italics.)

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