In an action for breach of an obligation for which a third person is answerable over pursuant to this article or Article 4 of this title, the defendant may give the third person written notice of the litigation, and the person notified may then give similar notice to any other person who is answerable over. If the notice states that (i) the person notified may come in and defend; and (ii) 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 litigations, the person notified is so bound unless after seasonable receipt of the notice the person notified does come in and defend.
Section: Previous 11-3-106 11-3-107 11-3-108 11-3-109 11-3-110 11-3-111 11-3-112 11-3-113 11-3-114 11-3-115 11-3-116 11-3-117 11-3-118 11-3-119Last modified: October 14, 2016