Commonwealth v. Layhue, 687 A.2d 382 (Pa. Super. Ct. 1996)

Cases | Commonwealth v. Layhue, 687 A.2d 382 (Pa. Super. Ct. 1996) | 2018

The defendant entered a plea of nolo contendere to a conspiracy charge with respect to destroying a car by fire. The sentencing court ordered the defendant to make restitution to State Farm Insurance Company in the amount of $8,881.25. The defendant appealed, arguing that the insurance company was not a victim for purposes of receiving restitution. The Superior Court of Pennsylvania affirmed the judgment of sentence. In so doing, the court distinguished the case of Commonwealth v. Galloway, 317 Pa. Super. 145, 448 A.2d 568 (1982), and concluded that the Galloway majority prohibited an order of restitution to an insurer only where the insurer’s loss was merely consequential to the criminal conduct at issue in the case. In this case, the defendant conspired to intentionally destroy an automobile in order to collect insurance proceeds. Since the insurance company was the intended victim of the crime, the restitution order was not illegal or impermissible.