Reduction of plaintiff's award by amount of advance payment
Applied in 3 court decisions — leading case Crabtree Ex Rel. Kemp v. Estate of Crabtree (2005)
Most recently applied in Nealy v. American Family Mutual Insurance Co. (August 2009)
As added by P.L.1-1998, SEC.40.
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Sec. 3. If it is determined that the plaintiff is entitled to recover in an action described in section 1 of this chapter:
(1) the defendant may introduce evidence of any advance payment made; and
(2) the court shall reduce the award to the plaintiff to the extent that the award includes an amount paid by the advance payment.
Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.