Impleader

A procedural device used in a civil action whereby a defendant brings into the lawsuit a third party who is not already a party to the action but may ultimately be liable for the plaintiff's claim against the defendant.

Impleader is most commonly used where the third party, often an insurance company, has a duty to indemnify, or contribute to the payment of, the plaintiff's damages. An insurance policy usually provides that if the insured is sued, the insurance company will defend him or her in court and pay any damages owed if he or she is found liable in the action. For example, suppose a person slips and falls on a homeowner's property, suffers an injury, and sues the homeowner. If the homeowner has a homeowner's policy, he may implead his insurance company by filing a third-party complaint for approval by the court. If the court permits the complaint, the insurer is brought into the action. The homeowner is now both the defendant in the action and a third-party plaintiff. If he is found liable and ordered to pay damages, the insurance company will be expected to pay all or part of those damages.



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