Illinois Compiled Statutes

810 ILCS 5/3-119 (2026)

Notice of right to defend action

✓ current as of May 2026
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(810 ILCS 5/3-119) (from Ch. 26, par. 3-119)
    Sec. 3-119. Notice of right to defend action. In an action for breach of an obligation for which a third person is answerable over pursuant to this Article or Article 4, 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 2 litigations, the person notified is so bound unless after seasonable receipt of the notice the person notified does come in and defend.
(Source: P.A. 87-582.)


 
    (810 ILCS 5/Art. 3 Pt. 2 heading)
PART 2. NEGOTIATION, TRANSFER AND INDORSEMENT

    
Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 1996–2025 · leading case: Byline Bank v. Bank of Am., 2025 IL App (1st) 230927-U (Ill. App. Ct. 2025).
Byline Bank v. Bank of Am., 2025 IL App (1st) 230927-U (Ill. App. Ct. 2025). “Byline recited Bank of America’s alleged obligations and purported breach of statutory warranties, and subsequently tendered its defense and indemnification to Bank of America pursuant to section 5/3-119 of the UCC (810 ILCS 5/3-119) (West 2020)). It further noted that, in the…”
Barber v. First Nat'l Bank (In re Ostrom-Martin, Inc.), 192 B.R. 937 (Bankr. C.D. Ill. 1996). “The current version found in 810 ILCS 5/3-119 provides: § 3-119. Notice of right to defend action.”
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.