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DEWALT v. BERKELEY FORGE & TOOL, INC.

Docket No. D014924.

9 Cal.App.4th 1087 (1992)

11 Cal. Rptr.2d 865

WILLIAM F. DEWALT, Plaintiff and Appellant, v. BERKELEY FORGE & TOOL, INC., et al., Defendants and Respondents.

Court of Appeals of California, Fourth District, Division One.

September 17, 1992.

Attorney(s) appearing for the Case

COUNSEL

Harrigan, Ruff, Ryder & Sbardellati, Joseph W. Ruff and Eleanor L. Blais for Plaintiff and Appellant.

Haasis, Pope & Correll, Susan J. Gill and Harvey C. Berger for Defendants and Respondents.

OPINION

WIENER, Acting P.J

Insurance Code section 115831 provides in part that "[n]o advance payment or partial payment of damages made by any person, or made by his insurer under liability insurance ... shall be construed as an admission of liability by the person claimed against.... Any such payments shall, however, constitute a credit and be deductible from any final settlement made or judgment...

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