Title 10, Chapter 1, Section 643
( 10-1-643)
All manufacturers, distributors, and warrantors shall reimburse
their dealers for reasonable attorney's fees incurred by the dealer
in defending any action in which the dealer is named as a defendant
and in which the allegations set forth in the action are based
solely upon claims of alleged defective or negligent manufacture,
assembly, design of new motor vehicles, parts, or accessories, or
other functions by the distributor, manufacturer, or warrantor which
are beyond the control of the dealer. For this Code section to be
applicable, the dealer must give notice to the manufacturer,
distributor, and warrantor within 30 days of the receipt of the
action if the manufacturer, distributor, or warrantor is not a named
defendant in the action. In addition, this Code section only
applies to actions in which a judgment or finding of fault is
returned only against the manufacturer, distributor, or warrantor or
in which the manufacturer, distributor, or warrantor enters into an
agreement which settles or makes final disposition of the action. |