- (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.
History: En. Sec. 3, Ch. 222, L. 1973; R.C.M. 1947, 93-2201-9(part); amd. Sec. 2, Ch. 257, L. 2025.