Failure to Indemnify and Hold Harmless

1. Law
2. Tennessee Code
3. Motor and Other Vehicles
4. Tennessee Recreation Vehicle Franchise Act of 2016
5. Failure to Indemnify and Hold Harmless

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 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 shall 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 this subdivision (1) within ten (10) days after receiving such suit. Notwithstanding any law to the contrary, this subdivision (1) shall continue to apply even after the new recreational vehicle is titled; or
2. A 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 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 this subdivision (2) within ten (10) days after receiving such suit. Notwithstanding any law to the contrary, this subdivision (2) shall continue to apply even after the new recreational vehicle is titled.

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