Kentucky Statutes 190A.110 – Activities in violation of chapter
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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.
(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
Terms Used In Kentucky Statutes 190A.110
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
- Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
- New recreational vehicle: means a recreational vehicle that is in the possession of the manufacturer, distributor, or wholesaler, or has been sold to the holder of a valid dealer agreement, granted by the manufacturer, or distributor for the sale of the line-
make of new recreational vehicle, and on which the original title has not been issued from the franchised dealer. See Kentucky Statutes 190A.010 - New recreational vehicle dealer: means a recreational vehicle dealer who holds a valid dealer agreement, sales and service agreement, franchise, or contract granted by the manufacturer for the sale of the manufacturer's new recreational vehicles. See Kentucky Statutes 190A.010
- recreational vehicle: includes motor homes, travel trailers, fifth-wheel trailers, and folding camping trailers. See Kentucky Statutes 190A.010
- Warrantor: means any person, firm, corporation, or business entity, including any manufacturer or supplier, which provides a written warranty to the consumer in connection with a new recreational vehicle or parts, accessories, or components thereof. See Kentucky Statutes 190A.010
(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.