8.3A-119 - A-119. Notice of right to defend action. - Virginia Statutes

§ 8.3A-119. Notice of right to defend action.

In an action for breach of an obligation for which a third person isanswerable over pursuant to this title or Title 8.4, the defendant may givethe third person written notice of the litigation, and the person notifiedmay then give similar notice to any other person who is answerable over. Ifthe notice states (i) that the person notified may come in and defend and(ii) that failure to do so will bind the person notified in an action laterbrought by the person giving the notice as to any determination of factcommon to the two litigations, the person notified is so bound unless afterseasonable receipt of the notice the person notified does come in and defend.

(1964, c. 219, § 8.3-803; 1992, c. 693.)