Idaho Code 49-1014 – Indemnity Agreement in Motor Carrier Transportation Contracts Void
Current as of: 2023 | Check for updates
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As used in this section:
(1) "Motor carrier transportation contract" means a contract, agreement or understanding covering:
(a) The transportation of property for compensation or hire by the motor carrier;
(b) Entrance on property by the motor carrier for the purpose of loading, unloading or transporting property for compensation or hire; or
(c) A service incidental to activity described in this subsection including, but not limited to, storage of property.
Terms Used In Idaho Code 49-1014
- Contract: A legal written agreement that becomes binding when signed.
- Property: includes both real and personal property. See Idaho Code 73-114
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114
(2) "Promisee" means the promisee and any agents, employees, servants or independent contractors who are directly responsible to the promisee except for motor carriers party to a motor carrier transportation contract with the promisee and such motor carrier’s agents, employees, servants or independent contractors directly responsible to such motor carrier.
(3) Notwithstanding any other provision of law to the contrary, a provision, clause, covenant or agreement contained in, collateral to or affecting a motor carrier transportation contract that purports to indemnify, defend or hold harmless, or has the effect of indemnifying, defending or holding harmless, the promisee from or against any liability for loss or damage resulting from the negligence or intentional acts or omissions of the promisee is against the public policy of this state and is void and unenforceable.