Fremont Indemnity Co. v. Du Alba

Good Law
187 Cal. App. 3d 474·1986 Cal. App. LEXIS 2265·231 Cal. Rptr. 683
Court of Appeal of CaliforniaNovember 25, 1986No. G002153California1,870 words

Opinion

Lead Opinion

Wallin, J.

In 1978, Robert Corbett intentionally blinded himself at his place of employment in order to collect a worker’s compensation award. He subsequently filed the fraudulent claim with Fremont Indemnity Company, his employer’s insurance carrier, and was awarded $185,000. Shortly thereafter, while serving time in prison on an unrelated criminal charge, Corbett confessed to the entire scheme.

Meanwhile, Corbett’s wife Sonia, a French citizen, took the insurance award and left the state. She first went to Oregon, where she purchased a home for $80,000. Around this time, Fremont learned of Corbett’s confession and Sonia’s departure to Oregon. Fremont filed a lawsuit in Oregon against Sonia to recover the insurance proceeds and to impose a constructive trust on any assets acquired with those funds. Upon learning of the lawsuit, Sonia quickly sold the property at a loss to a third party who later sold it to the Potters, plaintiffs below. Sonia took the proceeds from the sale of the Oregon property and purchased another residence in Fountain Valley.

*476 The Potters found out about Fremont’s lawsuit and discovered Fremont was claiming an interest in the Oregon property they had…

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