§ 25-3-119. Notice of right to defend action.
§25‑3‑119. Notice of right to defend action.
In an action for breach of anobligation for which a third person is answerable over pursuant to this Articleor Article 4, the defendant may give the third person written notice of thelitigation, and the person notified may then give similar notice to any otherperson who is answerable over. If the notice states (i) that the personnotified may come in and defend and (ii) that failure to do so will bind theperson notified in an action later brought by the person giving the notice asto any determination of fact common to the two litigations, the person notifiedis so bound unless, after seasonable receipt of the notice, the person notifieddoes come in and defend. (1965, c. 700, s. 1; 1995, c. 232, s. 1.)