190A.110 Activities in violation of chapter.
287 words·~1 min read·
/ky/chapter-190a/190a-110A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Notwithstanding the terms of any manufacturer-dealer agreement, it is a violation of this chapter for:
(1)A warrantor to fail to indemnify and hold harmless its new recreational vehicle
dealer against any losses or damages to the extent that the losses or damages are
caused by the negligence or willful misconduct of the warrantor. A new recreational
vehicle dealer may not be denied indemnification for failing to discover, disclose, or
remedy a defect in the design or manufacturing of a new recreational vehicle. A new
recreational vehicle dealer may be denied indemnification if the new recreational
vehicle dealer fails to remedy a known and announced defect in accordance with the
written instructions of a warrantor for whom the new recreational vehicle dealer is
obligated to perform warranty service. A new recreational vehicle dealer shall
provide to a warrantor a copy of any pending lawsuit in which allegations are made
that are covered by the provisions of this subsection within ten
(10)days after
receiving such suit. Notwithstanding anything to the contrary, this subsection shall
continue to apply even after the new recreational vehicle is titled; or
(2)A new recreational vehicle dealer to fail to indemnify and hold harmless its
warrantor against any losses or damages to the extent that the losses or damages are
caused by the negligence or willful misconduct of the new recreational vehicle
dealer. A warrantor shall provide to a new recreational vehicle dealer a copy of any
pending lawsuit or similar proceeding in which allegations are made that come
within the provisions of this subsection within ten
(10)days after receiving such
suit. Notwithstanding anything to the contrary, this subsection shall continue to
apply even after the new recreational vehicle is titled.