12-2302. Admissibility of evidence of advance payment

225 words·~1 min read·/az/title-12/12-2302

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. During trial of any action brought for damages for personal injuries or for wrongful death or for damage or destruction of property, evidence of an advance payment made by a defendant or any person acting on behalf of a defendant to or for the benefit of any person having or asserting a claim for such damages against such defendant, arising from the same event or occurrence out of which the claim, which is the subject of such action arose, shall not be received in evidence.

B. If judgment is entered against a defendant by whom or on whose behalf an advance payment has been made and in favor of a plaintiff to whom or for whose benefit an advance payment has been made, such defendant shall be entitled to a reduction of the amount of damages awarded to such plaintiff equal to the amount or value of such advance payments as may be found by the court to have been made. However, in no event shall a person who has made such advance payments be entitled to reimbursement for amount paid in excess of the damages awarded to such plaintiff or in the event such plaintiff fails to recover judgment in his favor.

C. An advance payment shall not operate to toll or extend the period of limitation otherwise applicable to any such action.