Admissibility; payment exceeds liability of defendant; adjustment
of judgments
Sec. 2. (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.
As added by P.L.1-1998, SEC.13.
Last modified: May 24, 2006