80E.05 INDEMNIFICATION REQUIRED.
Notwithstanding the terms of any franchise agreement to the contrary, it shall be a violation
of sections
80E.01 to
80E.17 for any new motor vehicle manufacturer to fail to indemnify and
hold harmless its franchised dealers against any judgment for damages, including, but not limited
to, those based on strict liability, negligence, misrepresentation, warranty (express or implied),
or revocation of acceptance as is defined in section
336.2-608, where the complaint, claim, or
lawsuit relates to the alleged defective or negligent manufacture, assembly, or design of new
motor vehicles, parts or accessories or other functions by the manufacturer, beyond the control of
the dealer. Indemnification under this section must include court costs, reasonable attorney fees,
and expert witness fees incurred by the motor vehicle dealer.
History: 1981 c 59 s 6; 1991 c 69 s 3