Colorado Revised Statutes

Colo. Rev. Stat. § 4-3-119 (2026)

Notice of right to defend action

✓ current as of July 2026

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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 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 (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 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.

Source: L. 94: Entire article R&RE, p. 849, § 1, effective January 1, 1995.

Editor's note: This section is similar to former § 4-3-803 as it existed prior to 1994.

PART 2

NEGOTIATION, TRANSFER, AND INDORSEMENT

Notes of Decisions

Cited in 1 case, 1988–1988 · leading case: Boyles Bros. Drilling Co. v. Orion Indus., Ltd., 761 P.2d 278 (Colo. Ct. App. 1988).

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Boyles Bros. Drilling Co. v. Orion Indus., Ltd., 761 P.2d 278 (Colo. Ct. App. 1988). · cites it 8× “The customary manner of disclaiming the indorser's liability under this section is to indorse 'without recourse'." We conclude, however, that this comment states only the general rule.”

— Colo. Rev. Stat. § 4-3-119(1) — 1 case

Boyles Bros. Drilling Co. v. Orion Indus., Ltd., 761 P.2d 278 (Colo. Ct. App. 1988). “The customary manner of disclaiming the indorser's liability under this section is to indorse 'without recourse'." We conclude, however, that this comment states only the general rule.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.