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By RICK ROGERS; Times Leader Staff Writer
Wednesday, December 18, 1996 Page: 3A
WILKES-BARRE — Even if Joann Curley were to beat the first-degree murder
charge against her, she could lose the $300,000 in death benefits she
collected five years ago following the poisoning death of her husband.
Two life insurance companies and a union paid Curley a combined $296,981.10
in life insurance and annuity money after the thallium poisoning death of her
husband, Robert Curley, on Sept. 27, 1991.
International Brotherhood of Electrical Workers Local 163 — of which
Robert Curley was a member — and insurance representatives said they are
familiar with the case.
“We are closely monitoring the case and are in the process of pulling
together some documents on it. We will certainly explore recouping any money
paid out. I personally think we would have a very strong case,” said Ron
Moore, manager of the special investigation unit for Nationwide Insurance.
“We would not have paid the benefits if she had been a suspect at the
time,” said Gary Ferguson, a spokesman for Peoples Security Life Insurance
Company, headquartered in Durham, N.C.
Peoples paid Curley $100,000, according to court documents.
A spokesman for Nationwide and IBEW Local 163 said they might sue Curley
for filing fraudulent claims, depending on what information comes out of the
case. They said they would forward any money won to a deserving beneficiary.
A legal expert familiar with civil law says the insurance companies, the
union or Robert Curley’s family could successfully sue.
“You can’t kill someone and then collect the insurance money. That’s a
fraudulent claim,” said a lawyer familiar with civil law. “If she is
convicted, the insurance companies or even Robert Curley’s estate would
probably be able to get the money back.”
That could happen even if she isn’t convicted, according to Moore.
“Just take a look at the O.J. Simpson civil trial. He won his criminal
trial, but that doesn’t mean he’ll win his civil case,” Moore said. Nationwide
paid Curley $100,000.
“The burden of proof in a civil case is just the preponderance of the
evidence — 51 percent. We are going to take a very hard look at the
transcript of the trial,” Moore said.
Moore said Pennsylvania laws deal with fraudulent claims and unjust
enrichment, which may come into play in this case.
A week ago Thursday, police arrested and charged Curley with first-degree
murder in the 1991 thallium poisoning of Robert Curley.
Authorities say Curley poisoned her husband to death over a period of
months to get his life insurance money. Another motive, they say, was to keep
him from spending any of the more than $1 million she won in a civil suit
resulting from the death of her first husband in a motor vehicle accident.
Luzerne County District Attorney Peter Paul Olszewski Jr. is seeking the
death penalty in the case. A bail hearing for Curley is scheduled for 2 p.m.
Thursday before Luzerne County Court of Common Pleas Judge Correale Stevens.
“If she were found guilty, we would want the all the money we paid to her
back,” said Joe Capece, business manager for IBEW Local 163, headquartered in
Wilkes-Barre. “We would then pay it to the right beneficiary.”
The $96,981.10 paid by the IBEW represents an annuity from Robert Curley’s
pension account, as well as other money from the IBEW.