Effective August 28, 2008
Motor carrier contracts, hold harmless provisions void and unenforceable–definitions.
390.372. 1. Notwithstanding any 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.
2. For the purposes of this section, the following terms shall mean:
(1) “Motor carrier transportation contract”, a contract, agreement, or understanding covering:
(a) The transportation of property for compensation or hire by the motor carrier;
(b) The 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 paragraphs (a) and (b) of this subdivision, including but not limited to, storage of property; “Motor carrier transportation contract” shall not include the Uniform Intermodal Interchange and Facilities Access Agreement administered by the Intermodal Association of North America or other agreements providing for the interchange, use or possession of intermodal chassis, or other intermodal equipment;
(2) “Promisee”, the promisee and any agents, employees, servants, or independent contractors who are directly responsible to the promisee except for motor or rail carriers who are party to a motor carrier transportation contract, and such motor or rail carrier’s agents, employees, servants, or independent contractors directly responsible to such motor or rail carriers.