Download as PDF
190A.110 Activities in violation of chapter.
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.
Effective:January 1, 2015
History: Created 2014 Ky. Acts ch. 27, sec. 11, effective January 1, 2015.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.