Schroeder

A jury convicted defendant of two counts of conspiracy (Pen. Code, § 182), one count of submitting a fraudulent insurance claim (former Ins. Code, § 556, subd. (a)(1)), and three counts of preparing a writing in support of a fraudulent insurance claim (former Ins. Code, § 556, subd. (a)(4)). On appeal, he contends that the trial court erred in persuading a defense witness to assert her Fifth Amendment privilege and refuse to give testimony which might incriminate her. We agree and shall reverse the judgment.

Facts

The prosecution presented evidence that defendant had participated with a married couple, the Semprochs, in a plan to defraud the Semprochs’ insurance carrier. Defendant was a salesman for a company which sold prebuilt home addition kits. Defendant prepared backdated receipts for the Semprochs’ purchase of three sunroom kits. The receipts were used in an attempt to persuade the Semprochs’ insurance carrier that the kits had been delivered before, and destroyed in, a fire which occurred at their home.

Defendant admitted backdating the receipts. His defense was that the Semprochs told him the insurance adjuster was aware of and had essentially approved the plan…