No advance payments or partial payment of damages made by an insurance company or other person, firm, trust, or corporation 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 made under any liability insurance policy, or other voluntary payments made because of an injury, death claim, property loss, or potential claim against any insured or other person, firm, trust, or corporation thereunder shall be construed as an admission of liability by the insured or other person, firm, trust, or corporation, or the payer'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 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 admissible in evidence or brought to the attention of the jury, and the matter of any credit to be deducted from a judgment shall be determined by the court in a separate hearing or upon the stipulation of the parties.
Notes of Decisions
Steele v. Sedlacek, 673 N.W.2d 1 (Neb. 2003).
· cites it 8× “Lisa’s estate filed a motion for setoff or credit, which the trial court granted pursuant to Neb. Rev. Stat. § 25-1222.01 (Reissue 1995), and the court deducted $3,000 from the judgment.”
Maxwell v. Montey, 656 N.W.2d 617 (Neb. 2003).
· cites it 21× “The Monteys asserted that such credit was required under Neb. Rev. Stat. § 25-1222.01 (Reissue 1995).”
Russell v. Stricker, 635 N.W.2d 734 (Neb. 2001).
· cites it 4× “ASSIGNMENTS OF ERROR Russell asserts as error that (1) the court failed to properly instruct the jury with respect to the effects of its allocation of negligence as required by Neb.Rev.Stat. § 25-21,185.”
D'QUAIX v. Chadron State Coll., 725 N.W.2d 558 (Neb. 2007).
· cites it 2× “In an ordinary civil action, for instance, “the matter of any- credit to be deducted from a judgment shall be determined by the court in a separate hearing or upon the stipulation of the parties.”
Beeder v. Fleer, 318 N.W.2d 708 (Neb. 1982).
· cites it 6× “01 (Reissue 1979), which states: “No advance payments or partial payment of damages made by an insurance company or other person, firm, trust, or corporation as an accommodation to an injured person or on his behalf to others or to the heirs at law or dependents of a deceased…”
Brockhaus v. Lambert, 608 N.W.2d 588 (Neb. 2000).
· cites it 6× “Although the district court acknowledged that AMCO and Allied Mutual were subsidiaries of Allied Group, the district court determined, “in consideration of the existing record[,] that AMCO owed no contractual duty to [Lambert] and, conversely, that Allied Mutual owed no…”
Murrish v. Burkey, 510 N.W.2d 366 (Neb. Ct. App. 1993).
· cites it 4× “Bur key filed a motion asking the court, pursuant to Neb. Rev. Stat. § 25-1222.01 (Reissue 1989), to apply to the damages a $5,000 credit for advance payment of Murrish’s medical expenses, thereby reducing the damages to $753.”
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