Notwithstanding the terms of any franchise agreement, it shall be a violation of this chapter for any new motor vehicle manufacturer to fail to indemnify and hold harmless its franchised dealers against any judgment or settlement agreed to in writing by the manufacturer for damages, including, but not limited to, court costs and reasonable attorneys' fees of the new motor vehicle dealer, arising out of complaints, claims or lawsuits including, but not limited to, strict liability, negligence, misrepresentation, warranty (express or implied) or rescission of the sale as is defined in § 2-608 of this title, less any offset recovered by the dealer and only to the extent that the judgment or settlement 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.
Structure Delaware Code
Chapter 49. MOTOR VEHICLE FRANCHISING PRACTICES
§ 4901. Declaration of purpose.
§ 4903. Sales incentives; warranty and predelivery obligations to new motor vehicle dealers.
§ 4904. Liability for transportation damages.
§ 4905. Product liability indemnification.
§ 4906. Termination, cancellation or nonrenewal of franchise — Requisites.
§ 4907. Termination, cancellation or nonrenewal of franchise — Compensation by manufacturer.
§ 4908. Termination, cancellation or nonrenewal of franchise — Dealership facilities assistance.
§ 4909. Succession to ownership of new motor vehicle dealer.
§ 4910. Sale of dealership franchise, notice to franchiser, and right of first refusal.
§ 4912. Written designation of succession unaffected.
§ 4913. Unlawful acts by manufacturers.
§ 4914. Validity of certain agreements.
§ 4915. Limitations on establishing or relocating dealers.
§ 4916. Civil actions for violations.
§ 4917. Applicability of chapter.