26-1-703. Voluntary partial payment of claim not an admission of fault or waiver.
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26-1-703 . Voluntary partial payment of claim not an admission of fault or waiver.
(1)A voluntary partial payment of a claim against any person based on alleged liability of that person may not be construed as an admission of fault or liability or as a waiver or release of claim by the person to whom or in whose behalf the payment was made. A voluntary partial payment may not be construed to reduce the amount of damages that may be pleaded or proved in any action arising out of the occurrence.
(2)This section does not apply to actions brought under 33-18-201 or 33-18-242 .
(3)This section does not apply to proceedings to determine attorney fees relating to breach of contract, including but not limited to proceedings involving:
(a)offers of judgment; or
(b)claims seeking attorney fees from an insurer.
(4)This section does not apply to damages awarded after the entry of a verdict at the discretion of the court, including as provided in 30-14-133 , 33-25-402 , 70-16-106 , 70-16-107 , and 70-27-206 .