Bar Exam (US) Civil Procedure: Question below is based on the following fact situation. P suffer...

Question

Question below is based on the following fact situation.

P suffered personal injuries of a permanent nature in an auto accident with D and E. D and E were each driving separate cars. P's insurance company, X, paid P the maximum limit of $100,000 under the policy. Having collected from her insurance company, P then brought an action against D in the proper U.S. District Court, seeking $500,000 for her personal injuries. You may assume that the "collateral source" rule is in effect in this jurisdiction (i.e., a plaintiff 's recovery in tort from a defendant is not diminished by any insurance or other collateral sources which reimbursed the former for all or any portion of his/her damages). P is a citizen of State X, and D and E are citizens of State Y.

Which of the following statements is correct?

1. D may object to P's bringing this action on the ground that the insurance company, rather than P, is the real party in interest (under the insurance agreement X is subrogated to P's rights to the extent that P's claim against D is paid by X).

2. If D contends that the accident was caused exclusively by the negligence of E, D may implead E seeking to recover $78,000 from the latter for the damages which E caused to D's car.

3. Whether or not D files a claim against E, E may intervene as of right as a defendant and file actions for her damages against both P and D.

AnswerChoose the correct answer.Choose all that apply. Correct Partially correct Incorrect Don't Know

  1. A
    Correct Answer
    1 and 2 only
  2. B
    Correct Answer
    2 and 3 only
  3. C
    Correct Answer
    3 only
  4. D
    Correct Answer
    None
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