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32-39 Voluntary Partial Payment of Claims

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CHAPTER 32-39VOLUNTARY PARTIAL PAYMENT OF CLAIMS32-39-01. Voluntary service or partial payment not admissible. No voluntary serviceor partial payment of a claim, including a claim of medical malpractice, against any person based<br>on alleged liability of that person for injury or damage arising out of any occurrence may be<br>construed as an admission of fault or liability.Evidence of the service or payment is notadmissible in any action for the purpose of determining the amount of any judgment or the<br>liability of any person with respect to the occurrence.32-39-02. Voluntary service or payment not admission of liability. No receipt of avoluntary service or partial payment of a claim, including a claim of medical malpractice, against<br>any person based on alleged liability of that person for injury or damage arising out of any<br>occurrence may be construed as a waiver or release of the claim by the person receiving the<br>service or payment, unless a written waiver or release is given. No receipt, provision, or payment<br>of a voluntary service or partial payment of a claim may reduce the amount of damages which<br>may be pleaded and proved in a court proceeding between the parties.32-39-03. Agreement by parties - Credit for service or payment. Upon final voluntarycompromise settlement of any claim, including a claim of medical malpractice, against any<br>person based on alleged liability of that person for injury or damage arising out of any<br>occurrence, the parties may make any agreement they desire concerning previous voluntary<br>services or partial payments of the claim. If the claim is tried in a court, after entry of judgment<br>involving the claim, the value of any previous voluntary service or partial payment of the claim<br>must be deducted from the amount of the judgment if the value thereof was included in the<br>assessment of damages contained in the judgment. If, after entry of judgment involving the<br>claim, it is determined by the judgment that the amount of injury or damages is less than the<br>value of the previous services and voluntary payments, the provider of the services or payer of<br>the payments has no claim for relief for the recovery of amounts by which the voluntary services<br>or payments exceed the final court judgment.Page No. 1Document Outlinechapter 32-39 voluntary partial payment of claims