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Code · Nebraska · Chapter 60 — Motor Vehicles

60-1469. Warrantor; dealer; indemnification; requirements.

334 words·~2 min read·/ne/chapter-60/60-1469

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)(a) Except as provided in subdivision
(d)of this subsection, a warrantor shall not fail to indemnify, defend, and hold harmless a dealer that performed warranty service on behalf of such warrantor against any loss or damage to the extent such loss or damage was caused by the negligence or willful misconduct of such warrantor.
(b)Except as provided in subdivision
(d)of this subsection, such dealer shall not be denied indemnification by such warrantor or a defense against such warrantor for failing to discover, disclose, or remedy a defect in the design or manufacturing of a recreational vehicle.
(c)Such dealer shall provide to such warrantor a copy of the complaint in any legal proceeding in which any allegation is made that relates to warranty service described in this subsection. Such copy shall be provided to the headquarters of such warrantor within ten calendar days after such dealer receives such complaint.
(d)Subdivisions
(a)and
(b)of this subsection do not apply for a legal proceeding if a dealer does not comply with subdivision
(c)of this subsection.
(2)(a) Except as provided in subdivision
(c)of this subsection, a dealer shall not fail to indemnify, defend, and hold harmless a warrantor for which the dealer performed warranty service against any loss or damage to the extent such loss or damage was caused by the negligence or willful misconduct of such dealer.
(b)Except as provided in subdivision
(c)of this subsection, such warrantor shall provide to such dealer a copy of the complaint in any legal proceeding in which any allegation is made that relates to warranty service described in this subsection. Such copy shall be provided to the headquarters of such dealer within ten calendar days after such warrantor receives such complaint.
(c)Subdivision
(a)of this subsection does not apply for a legal proceeding if a warrantor does not comply with subdivision
(b)of this subsection.
(3)Indemnification under this section includes court costs, reasonable attorney's fees, and expert witness fees.
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