District Court Grants Leave to File Third-Party Complaint
Federal Insurance Company v. Lighthouse Construction, Inc.
, 230 F.R.D. 387 (D. Del. 2005).
A property insurer brought a subrogation action against a building contractor to recover for loss caused by a roof collapse. The contractor sought leave to filed third-party complaint against erection contractor. Insurer also sought leave to filed a claim against it.
The District Court held:
(1) the contractor was entitled to add third-party claim of contractual indemnification against erection contractor;
(2) the insurer could not assert claim against third-party defendant after expiration of two-year statute of limitations; and
(3) insurer's amendment of complaint to add erection contractor would not relate back to subrogation action against building contractor.