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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
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. Question 23Select one: a. 1 and 2 only b. 2 and 3 only c. 3 only d. None
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