Indiana § 26-1-3.1-119 Notice of right to defend action

Indiana Statutes

§ 26-1-3.1-119 — Notice of right to defend action

Indiana § 26-1-3.1-119

Title 26COMMERCIAL LAW

Art. 1UNIFORM COMMERCIAL CODE

Ch. 3.1Negotiable Instruments

This text of Indiana § 26-1-3.1-119 (Notice of right to defend action) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 26-1-3.1-119 (2026).

Text

In an action for breach of an obligation for which a third person is answerable over pursuant to IC 26-1-3.1 or IC 26-1-4, the defendant may give the third person notice of the litigation in a record, and the person notified may then give similar notice to any other person who is answerable over. If the notice states:

(1)that the person notified may come in and defend; and

(2)that failure to do so will bind the person notified in an action later brought by the person giving the notice as to any determination of fact common to the two (2) litigations; the person notified is so bound unless after reasonable receipt of the notice the person notified does come in and defend.

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In an action for breach of an obligation
for which a third person is answerable over pursuant to IC 26-1-3.1 or
IC 26-1-4, the defendant may give the third person notice of the
litigation in a record, and the person notified may then give similar
notice to any other person who is answerable over. If the notice states:
(1) that the person notified may come in and defend; and
(2) that failure to do so will bind the person notified in an action
later brought by the person giving the notice as to any
determination of fact common to the two (2) litigations;
the person notified is so bound unless after reasonable receipt of the
notice the person notified does come in and defend.