§ 34-18-16-2 — Admissibility; payment exceeds liability of defendant; adjustment of judgments

Indiana § 34-18-16-2

• Jurisdiction: Indiana
• Title 34: CIVIL LAW AND PROCEDURE
• Art. 18: MEDICAL MALPRACTICE
• Ch. 16: Evidence of Advanced Payment; Assignability of Claim

Text

(a) Evidence of an advance payment is not
admissible until there is a final judgment in favor of the plaintiff. In
this case the court shall reduce the judgment to the plaintiff to the
extent of the advance payment. The advance payment inures to the
exclusive benefit of the defendant or the defendant's insurer making the
payment.
(b) If the advance payment exceeds the liability of the defendant or
the insurer making the advance payment, the court shall order any
adjustment necessary to equalize the amount that each defendant is
obligated to pay, exclusive of costs. An advance payment in excess of
an award is not repayable by the person receiving the advance payment.
[Pre-1998 Recodification Citation: 27-12-16-2.]

Legislative History

As added by P.L.1-1998, SEC.13.