Maine Revised Statutes

Me. Rev. Stat. tit. 24-A, § 2426 (2026)

Advance payments

✓ current as of May 2026
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1.  A payment or payments made by any person, or by the person's insurer by virtue of an insurance policy, on account of bodily injury or death or damage to or loss of property of another, does not constitute an admission of liability or waiver of defense as to such injury, death, loss or damage, or be admissible in evidence in any action brought against the insured person or the person's insurer for damages, indemnity or benefits arising out of such injury, death, loss or damage unless pleaded as a defense to the action.  
[RR 2021, c. 1, Pt. B, §218 (COR).]
2.  All such payments must be credited upon any settlement with respect to the same damage, expense, or loss made by, or upon any judgment rendered therefor in such an action against, the payor or the payor's insurer, and in favor of any person to whom or on whose account payment was made.  
[RR 2021, c. 1, Pt. B, §218 (COR).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). RR 2021, c. 1, Pt. B, §218 (COR).
Notes of Decisions
Cited in 2 cases, 2000–2015 · leading case: Landis v. Hannaford Bros. Co., 2000 ME 111 (Me. 2000).
Landis v. Hannaford Bros. Co., 2000 ME 111 (Me. 2000). · cites it 4× “Hannaford objected on the grounds that Landis had not “prevailed,” and that in any event it was entitled to offset the amounts it had already paid Landis, which exceeded her costs, under 24-A M.R.S.A. § 2426. In addition, Hannaford specifically objected to the inclusion of…”
Kimberly Wood v. Neal E. Wood Jr., 2015 ME 140 (Me. 2015). · cites it 5× “69 in prepayments) based on its application of 24-A M.R.S. § 2426 (2014). The court also awarded Kimberly costs and prejudgment interest based on the total damages award of $44,380.”
— Me. Rev. Stat. tit. 24-A, § 2426(1) — 1 case
Kimberly Wood v. Neal E. Wood Jr., 2015 ME 140 (Me. 2015). “69 in prepayments) based on its application of 24-A M.R.S. § 2426 (2014). The court also awarded Kimberly costs and prejudgment interest based on the total damages award of $44,380.”
— Me. Rev. Stat. tit. 24-A, § 2426(2) — 1 case
Landis v. Hannaford Bros. Co., 2000 ME 111 (Me. 2000). “Hannaford objected on the grounds that Landis had not “prevailed,” and that in any event it was entitled to offset the amounts it had already paid Landis, which exceeded her costs, under 24-A M.R.S.A. § 2426. In addition, Hannaford specifically objected to the inclusion of…”
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