West Virginia Code § 46-3-119

Notice of right to defend action
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In an action for breach of an obligation for which a third person is answerable over pursuant
to this article or article four, 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 (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 later brougeht 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 perrson notified does
come in and defend.
Part 2. Negotiation Transfer, And Indorsement.

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