Criminal Restitution Prohibited for Insurers

For the purpose of criminal restitution, the act excludes from the definition of 'restitution' losses for which a victim may be compensated through a private insurance policy, except for worker's compensation insurance. Current law defines a 'victim' as any person who has suffered losses because of a contractual relationship, including an insurance company. The act excludes a person from the definition of 'victim' because of a contractual relationship but clarifies that an insurance company is a 'victim' if the insurance company is a victim of a scheme to defraud the insurance company or when the insurance company's property is damaged or stolen through a criminal act.

The act authorizes the court to award a victim restitution for a deductible amount under the victim's insurance policy. The act does not prohibit an insurance company from filing a civil action or pursuing any other civil action against a defendant to recover losses the insurance company has suffered.(Note: This summary applies to this bill as enacted.)