Insurers Permitted To Add Nonparty Defense Naming Real Estate Agent In Dispute

Insurers Permitted To Add Nonparty Defense Naming Real Estate Agent In Dispute

INDIANPOLIS - An Indiana federal magistrate judge on Oct. 29 held that the defendants in a flood insurance dispute were permitted to assert an affirmative defense naming the plaintiff's real estate agent as a nonparty whose fault caused or contributed to the claimed injury under Indiana's Comparative Fault Act (CFA) (Michael Benbenek v. Fidelity National Property and Casualty Insurance Co., et al.,  No. 1:12-cv-0591, S.D. Ind.; 2012 U.S. Dist. LEXIS 154565).

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