40-275.
Advance or partial payment not admissible as admission against interest or admission of liability; credit; no recovery; limitation of actions.
No advance payment or partial payment of damages, predicated on possible tort liability, as an accommodation to an injured person, or on his behalf to others, or to the heirs at law or dependents of a deceased person of medical expenses, loss of earnings and other actual out of pocket expenses, because of an injury, death claim, property loss or potential claim against any person, firm, trust or corporation, shall be admissible into evidence as an admission against interest or admission of liability by such party or self insurer, or if paid by an insurer of such party, as the insurer's recognition of such liability with respect to such injured or deceased person, or with respect to any other claim arising from the same accident or event. Any such payments shall, however, constitute a credit and be deductible from any final settlement made or judgment rendered with respect to such injured or deceased person. In the event of a trial involving such a claim, the fact that such payments have been made shall not be brought to the attention of the jury: Provided, If after an advance payment or partial payment is made as herein provided for, and thereafter it shall be determined by final judgment of a court of competent jurisdiction that the person, firm, trust or corporation is not liable for an amount sufficient to satisfy the advance payment or partial payment, such person, firm, trust or corporation shall have no right of action for the recovery of any such a payment: Provided further, That the period fixed for the limitation for the commencement of actions shall commence on the date of the last payment or partial payment made hereunder.
History:
L. 1967, ch. 267, § 1; L. 1969, ch. 232, § 1; July 1.
Notes of Decisions
Hustead v. Bendix Corp., 666 P.2d 1175 (Kan. 1983).
· cites it 5× “60-520 and K.S.A. 40-275, which will be discussed in the course of the opinion.”
Rose v. via Christi Health Sys., Inc., 113 P.3d 241 (Kan. 2003).
· cites it 2× “The court held that the advance or partial payment was not admissible into evidence under K.S.A. 40-275. The court continued, stating: "Such a payment constitutes a credit and may be deducted from any settlement or final judgment rendered.”
Rose v. via Christi Health Sys., Inc., 78 P.3d 798 (Kan. 2003).
· cites it 2× “The court held that the advance or partial payment was not admissible into evidence under K.S.A. 40-275. The court continued, stating: "Such a payment constitutes a credit and may be deducted from any settlement or final judgment rendered.”
Mast v. Kinnard, 25 P.3d 158 (Kan. Ct. App. 2001).
· cites it 20× “Mast argued the City’s payment of her personal property damages was a payment under K.S.A. 40-275 and therefore tolled the running of the statute of hmitations until April 24, 1998, the date of the payment.”
Farmers Ins. Exch. v. Schropp, 567 P.2d 1359 (Kan. 1977).
· cites it 2× “Appellant contends that it merely offered an advance payment within the meaning of K.S.A. 40-275 which provides in pertinent part that: “No advance payment or partial payment of damages, predicated on possible tort liability, as an accommodation to an injured person .”
Church Mut. Ins. v. Rison, 823 P.2d 209 (Kan. Ct. App. 1991).
· cites it 4× “Finally, Church Mutual contends that Rison’s restitution payments constitute advance or partial payments pursuant to K.S.A. 40-275, and that, as such, the statute of limitations does not begin to run until the last restitution payment is made.”
Bryan v. Davis, 732 P.2d 805 (Kan. Ct. App. 1987).
· cites it 16× “Thereafter, the Bryans filed a motion for partial summary judgment on the issue of whether the statute of limitations in this case was tolled by the provisions of K.S.A. 40-275. The- district court denied the Bryans’ motion for summary judgment, holding that K.”
Lytle v. Pepsi Cola Gen. Bottlers, Inc., 656 P.2d 786 (Kan. Ct. App. 1983).
· cites it 5× “The trial court, in a memorandum decision dated May 27, 1981, denied the defendant’s motion, holding that under K.S.A. 40-275, the $2,000 payment made to plaintiffs insurer as reimbursement of PIP benefits paid by plaintiff s insurer tolled the statute of limitations, and that…”
Blue v. Tos, 102 P.3d 1190 (Kan. Ct. App. 2004).
· cites it 3× “” Should This Court Address Blue’s Virgin Argument on Appeal that the Statute Was Tolled Pursuant to KS.A. 40-275? Although never argued or supported before the district court, Blue argues on appeal that the statute of Hmitations was tolled pursuant to K.”
Wolfgang v. Mid-Am. Motorsports, Inc., 914 F. Supp. 434 (D. Kan. 1996).
· cites it 4× “NOTICE OF PARTIAL SATISFACTION OF JUDGMENT Defendants have provided the court with notice of partial satisfaction of judgment pursuant to K.S.A. § 40-275. Section 40-275 provides that advance partial payment of damages shall constitute a credit and be deductible from any final…”
Traylor v. Wachter, 598 P.2d 1061 (Kan. Ct. App. 1979).
“26 was a verbatim quotation of K.S.A. 40-275, dealing with advance or partial payments, together with the statement that the court would make any statutorily required adjustment.”
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