Practice question
A defendant brings a proper third-party claim against an indemnitor. The indemnitor identifies an available defense that would defeat the original plaintiff’s claim against the defendant. Counsel says the indemnitor can never raise that defense. Which is correct?
- The indemnitor automatically becomes the judge
- Only an unrelated claim may be raised
- Every third-party defendant must admit the original claim
- Rule6 Section13 permits it in the indemnitor’s answer
- The defense is barred solely by third-party status
Legal references
- 2019 Rules of Civil Procedure, AM19-10-20-SC, Rules6–9: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html
- Continuing provisions marked no amendment in2019, Rules6 Sections9,12,13;7 Section2;8 Sections2,4,9;9 Sections1–2: https://lawphil.net/courts/rules/rc_1-71_civil.html
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