Fill and Sign the To File Third Party Complaint Form

IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF MISSISSIPPI DIVISION , PLAINTIFFVS. CIVIL ACTION NO. , , and , DEFENDANTS MOTION FOR LEAVE TO FILE THIRD-PARTY COMPLAINT COME NOW , , and ( ), Defendants in the above -styled and captioned cause, by and through counsel, and, pursuant to FRCP Rule 14(a), moves this Honorable Court for leave to file a Third-Party Complaint against , in the form attached hereto as Exhibit "A", and in support thereof would show unto the Court the following:1. On or about , , (" ") filed the present " " lawsuit against the Defendants, alleging that the Defendants wrongfully denied a claim he/she made concerning a certain issued with respect to a he/she had promoted. An application for the policy at issue was submitted by and taken by an agent, , formerly with 0 (" "), an operating under the laws of the State of Mississippi. This handled certain aspects of the application process, including obtaining information from upon which the policy was issued.2. , as an alleged agent of the Defendants, owed the Defendants certain duties, including the duty to exercise good faith and loyalty to the interests of the Defendants, to disclose all material facts connected with matters in its charge, and to exercise care, skill and diligence in transactions involving the Defendants.3. While the Defendants have denied and continue to deny that they are in any way liable to , if it be shown that they are in fact liable to on account of the matters and things alleged in the original Complaint, then, in such event, the Defendants should be entitled to recover from the full amount of any judgment which might be rendered against them in the original action by , by virtue of the breach by of any of the foregoing duties.4. has been duly notified by the Defendants of the claims made against them in this action, and have made demand upon to defend them in this action and to hold them harmless from any and all damages and losses, including attorney's fees, which may be incurred by the Defendants in defending the original action, which demand has been refused. 5. FRCP Rule 14(a) states that a third-party action may be brought against any party not a party to the lawsuit "who is or may be liable to the third-party plaintiff for all or part of the plaintiff's claim against the third-party plaintiff." Accordingly, the Defendants submit that good cause exists sufficient to support an order by this Court allowing them to file their Third-Party Complaint against .6. Furthermore, has indicated that he/she does not have any objection to the relief requested by this motion.WHEREFORE, PREMISES CONSIDERED, the Defendants, , , and , respectfully request this Honorable Court to enter an order granting them leave to file their Third-Party Complaint against . Respectfully submitted, , , and BY: ___________________________________ BY:_________________________________OF COUNSEL CERTIFICATE OF SERVICE I, , of counsel for Defendants, do hereby certify that I have this day mailed a true and correct copy of the above and foregoing Motion to: THIS, the day of , 20 . __________________________________ IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF MISSISSIPPI DIVISION PLAINTIFFVS. CIVIL ACTION NO. , , and DEFENDANTS ANDTHIRD-PARTY PLAINTIFFSVS. THIRD-PARTY DEFENDANT THIRD-PARTY COMPLAINT COME NOW , , and (this defendant was improperly sued as " "), defendants in the above-styled and captioned cause, by and through counsel, and files this their Third-Party Complaint against the Third -Party Defendant, , and in support thereof would show unto the Court the following:1. The Third-Party Plaintiff, (" "), is a corporation, licensed to do business and doing business in the State of Mississippi, and having its principal place of business in , Mississippi.2. The Third-Party Plaintiff, (" "), is a corporation, licensed to do business and doing business in the State of Mississippi, and having its principal place of business in , .3. The Third-Party Defendant, (" "), is a , licensed to do business and doing business in the State of Mississippi, and having its principal place of business in , 000.4. The Third-Party Plaintiff, (" "), is a duly operating in the State of Mississippi, upon which process may be served by serving the company president, , at 00, , Mississippi .5. On or about , 20 , (" ") filed a Complaint against the Third-Party Plaintiffs, a copy of which is attached hereto and incorporated herein as Exhibit "A". This " " lawsuit involves a certain policy issued with respect to an had promoted. applied for the policy through an agent, , formerly with . This 00 agent handled certain aspects of the application process, including obtaining information from upon which the policy was issued. 6. , as an alleged agent of the Third-Party Plaintiffs, owed the Third- Party Plaintiffs certain duties, including, but not limited to, the duty to exercise good faith and loyalty to the interests of the Third -Party Plaintiffs, to disclose all material facts connected with matters in its charge, to obey instructions given to it, and to exercise care, skill and diligence in transactions involving the Third-Party Plaintiffs.7. While the Third -Party Plaintiffs have denied and continue to deny that they are in any way liable to , if it be shown that they are in fact liable to on account of the matters and things alleged in the original Complaint, then, in such event, the Third -Party Plaintiffs should be entitled to recover from the full amount of any judgment which might be rendered against them in the original action by , by virtue of the breach of any of the foregoing duties.8. has been duly notified by the Third-Party Plaintiffs of the claims made against them in this action, and have made demand upon to defend the Third-Party Plaintiffs in this action and to hold them harmless from any and all damages and losses, including attorney's fees, which may be incurred by the Third-Party Plaintiffs in defending the original action, which demand has been refused. WHEREFORE, PREMISES CONSIDERED, the Third-Party Plaintiffs, , , and , pray that, in the event that a judgment is entered against them in favor of the original Plaintiff, , the Third-Party Plaintiffs shall have and recover from the Third-Party Defendant, , the amount of any such judgment and, in addition, the Third-Party Plaintiffs pray that they be awarded all costs, including attorney's fees, and for such other, further and special relief as this Honorable Court may deem appropriate. Respectfully submitted, , , and BY: _________________________OF COUNSEL