Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 818.509 - Indemnification.(a) General rule.--Notwithstanding the terms of a 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 losses or damages to the extent that the losses or damages are caused by the negligence or willful misconduct of the warrantor.(2) A new recreational vehicle dealer to be denied indemnification for failing to discover, disclose or remedy a defect in the design or manufacturing of a new recreational vehicle or new recreational trailer.(3) A new recreational vehicle dealer to fail to indemnify and hold harmless its warrantor against 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.(b) Denial of indemnification.--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.(c)Pending lawsuits.-- (1) 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 section within 10 days after receiving the suit. This sub section shall continue to apply even after the new recreational vehicle is titled.(2) A warrantor shall provide to a new recreational vehicle dealer a copy of any pending law suit or similar proceeding in which allegations are made that come within the provisions of this sub section within 10 days after receiving the suit. This paragraph shall continue to apply even after the new recreational vehicle is titled.Added by P.L. TBD 2018 No. 134, § 21, eff. 10/24/2019.