Construction Anti-Indemnity Statutes

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Construction
Anti-Indemnity Statutes
Legislative Restrictions Upon Additional Insured Coverage
The following states have passed legislation which restricts a party’s ability to provide liability coverage to another party as
an additional insured:
California
Cal. Civ. Code Ann. § 2782
Colorado
Colo. Rev. Stat. § 13-12.111.5
Georgia
Ga. Code § 12-8-2
Kansas
Kan. Stat. Ann. § 16-121(c)
Montana
Mont. Rev. Code § 28-2-2111
New Mexico
N.M. Stat. Ann. § 56-7-1
Oklahoma
Okla. Stat. § 15-221
Oregon
Or. Rev. Stat. § 30.140
Louisiana
La. Rev. Stat. Ann. § 9:2780
Texas
Tex. Ins. Code Ann. § 151.104
This survey of state laws is a quick reference guide that should only be used as a starting point in researching the
applicable law to a given situation. Depending on the facts of each situation, there may be additional legal authority which
impacts the analysis of a particular issue.
STATE CONSTRUCTION ANTI-INDEMNITY STATUTES
Type of Indemnity Allowed
State
AK
Types of Persons
Contracts Affected
All Construction and Design
Contracts
AL
No
Yes
Concurrent Negligence
Full
Indemnity
Alaska Stat. § 45.45.900
Yes
No statute. See Indus. Tile, Inc. v. Stewart, 388 So.2d 171, 175
(Ala. 1980) (“between private parties, indemnity contracts are
enforceable if the contract clearly indicates an intention to
indemnify against the consequences of the indemnitee's
negligence, and such provision was clearly understood by the
indemnitor, and there is not shown to be evidence of a
disproportionate bargaining position in favor of the indemnitee.”);
Doster Constr. Co., Inc. v. Marathon Elec. Contractors, Inc., 32
So.3d 1277, 1283 n.2 (Ala. 2009) (“[i]ndemnification for an
indemnitee’s own negligence requires ‘clear and unequivocal
language.’”)
No
Private Construction and
Design Contracts
No
*Allows for
indemnification
of an adjacent
property owner.
Yes
No
No
All Construction and Design
Contracts after July 31, 2007
Statute
Partial
Indemnity
Yes
Public Construction and
Design Contracts
AZ
AR
Sole Negligence
of Indemnitee
Yes
Ariz. Rev. Stat. § 34-226 (Definitions)
Ariz. Rev. Stat. § 41-2586
Ariz. Rev. Stat. § 34-226 (Definitions)
Ariz. Rev. Stat. § 32-1159
Yes
Ark. Code Ann. § 4-56-104
Indemnification for
Vicarious Liability Only
This is a general survey of state statutes through June 2016. The
listing may not reflect statutory changes or court decisions which
may modify the scope or import of the statutes listed above. This
document should not be construed as an attempt to offer or
render a legal opinion or provide legal advice.
Indemnification of Sole
Negligence Prohibited
All states allow indemnification of sole negligence of
indemnitor.
Rev. 6-2016
No Anti-Indemnity Statute
This survey of state laws is a quick reference guide that should only be used as a starting point in researching the
applicable law to a given situation. Depending on the facts of each situation, there may be additional legal authority which
impacts the analysis of a particular issue.
STATE CONSTRUCTION ANTI-INDEMNITY STATUTES
Type of Indemnity Allowed
State
Types of Persons
Contracts Affected
Residential Construction and
Design Contracts, post Jan 1,
2008.
CA
Sole Negligence
of Indemnitee
Full
Indemnity
No
No
*Allows for
indemnification
of an adjacent
property owner.
All Construction Contracts
entered into after Jan. 1,
2013
No
"Public Entity" Construction
and Design Contracts
No
Construction Agreements
No
All Construction Contracts.
No Mention of Design.
No
Statute
Partial
Indemnity
Yes
Commercial Construction
and Design Contracts, post
Jan 1, 2008.
CO
CT
Concurrent Negligence
Yes
Cal. Civ. Code § 2782(c ) & (e)(1)
Cal. Civ. Code § 2782.1
Cal. Civ. Code § 2782.1, 2782.05 & 2783
Indemnification for active negligence of indemnitee prohibited.
Indemnification provisions limited to scope of work of indemnitor.
Yes
Colo. Rev. Stat. § 13-50.5-102(8)
Yes
*Up to extent
of
Colo. Rev. Stat. § 13-21-111.5
indemnitor’s
liability
Yes
Conn. Gen. Stat. § 52-572k
Indemnification for
Vicarious Liability Only
This is a general survey of state statutes through June 2016. The
listing may not reflect statutory changes or court decisions which
may modify the scope or import of the statutes listed above. This
document should not be construed as an attempt to offer or
render a legal opinion or provide legal advice.
Indemnification of Sole
Negligence Prohibited
All states allow indemnification of sole negligence of
indemnitor.
Rev. 6-2016
No Anti-Indemnity Statute
This survey of state laws is a quick reference guide that should only be used as a starting point in researching the
applicable law to a given situation. Depending on the facts of each situation, there may be additional legal authority which
impacts the analysis of a particular issue.
STATE CONSTRUCTION ANTI-INDEMNITY STATUTES
Type of Indemnity Allowed
State
DE
Types of Persons
Contracts Affected
All Construction and Design
Contracts
DC
FL
Sole Negligence
of Indemnitee
Concurrent Negligence
Full
Indemnity
No
Yes
Yes
Del. Code Ann. tit. 6, § 2704; see also Chrysler Corp. v. Merrell &
Garaguso, Inc., 796 A.2d 648 (Del. 2002) (one party to a
construction contract may not agree to indemnify the other party
for the latter’s own negligence; requirement to purchase insurance
may or may not be unenforceable dependent on circumstances).
No statute. See N.P.P. Contractors, Inc. v. John Canning & Co.,
715 A.2d 139 (D.C. 1998) (indemnification contract allowed as it
was clear and unambiguous); Steele Foundations, Inc. v. Clark
Constr. Group, Inc., 937 A.2d 148 (D.C. 2007) (same).
Yes
No, unless
No, unless there
there is
is monetary limit
monetary limit
on the extent of
on the extent
the
All Construction and Design
of the
indemnification
Contracts (see exception per
indemnification
that bears a
Fla. Stat. § 725.08)
that bears a
reasonable
reasonable
commercial
commercial
relationship to
relationship to
the contract.
the contract.
Statute
Partial
Indemnity
Yes
Fla. Stat. § 725.06
Fla. Stat. § 725.08 (Allows a public agency to require a design
professional to hold that agency harmless for design
professional's negligence, recklessness or wrongdoing.)
Indemnification for
Vicarious Liability Only
This is a general survey of state statutes through June 2016. The
listing may not reflect statutory changes or court decisions which
may modify the scope or import of the statutes listed above. This
document should not be construed as an attempt to offer or
render a legal opinion or provide legal advice.
Indemnification of Sole
Negligence Prohibited
All states allow indemnification of sole negligence of
indemnitor.
Rev. 6-2016
No Anti-Indemnity Statute
This survey of state laws is a quick reference guide that should only be used as a starting point in researching the
applicable law to a given situation. Depending on the facts of each situation, there may be additional legal authority which
impacts the analysis of a particular issue.
STATE CONSTRUCTION ANTI-INDEMNITY STATUTES
State
Types of Persons
Contracts Affected
GA
All Construction Contracts,
and Engineering,
Architectural and LandSurveying Contracts.
HI
All Construction Contracts.
No Mention of Design.
IA
Type of Indemnity Allowed
Concurrent Negligence
Statute
Sole Negligence
Full
Partial
of Indemnitee
Indemnity
Indemnity
Yes for
Construction
Contracts.
Yes for
Engineering,
No for
Architectural
No
Ga. Code Ann. § 13-8-2(b) and (c)
Engineering,
and LandArchitectural
Surveying
and LandContracts.
Surveying
Contracts.
No
No
ID
All Construction Contracts.
No Mention of Design.
No
IL
All Construction Contracts.
No Mention of Design.
No
IN
All Construction and Design
Contracts. Highway
Contracts are excepted.
No
KS
Yes
All Construction Agreements
No
Hawaii Rev. Stat. § 431:10-222
Yes
Yes
Iowa Code Ann. § 537A.5
Idaho Code § 29-114
Yes
Yes
740 Ill. Comp. Stat. Ann. 35/1
Ind. Code Ann. § 26-2-5-1, § 26-2-5-2
Yes
Kan. Stat. Ann. § 16-121(b) (no indemnification for promisee’s own
negligence or intentional acts); Kan. Stat. Ann. § 16-121(c) (no
additional insured coverage for party’s own negligence or
intentional acts or omissions).
Indemnification for
Vicarious Liability Only
This is a general survey of state statutes through June 2016. The
listing may not reflect statutory changes or court decisions which
may modify the scope or import of the statutes listed above. This
document should not be construed as an attempt to offer or
render a legal opinion or provide legal advice.
Indemnification of Sole
Negligence Prohibited
All states allow indemnification of sole negligence of
indemnitor.
Rev. 6-2016
No Anti-Indemnity Statute
This survey of state laws is a quick reference guide that should only be used as a starting point in researching the
applicable law to a given situation. Depending on the facts of each situation, there may be additional legal authority which
impacts the analysis of a particular issue.
STATE CONSTRUCTION ANTI-INDEMNITY STATUTES
State
KY
Types of Persons
Contracts Affected
All Construction Contracts.
No Mention of Design.
Type of Indemnity Allowed
Concurrent Negligence
Sole Negligence
Full
Partial
of Indemnitee
Indemnity
Indemnity
No
Statute
Yes
Ky. Rev. Stat. Ann. § 371.180
All Construction and Design
Contracts
No
Yes
La. Rev. Stat. Ann. § 9:2780.1 (applicable to contracts entered
into after Jan. 1, 2011); but see Roundtree v. New Orleans
Aviation Bd., 844 So.2d 1091 (La. Ct. App. 2003) (for contracts
entered into before Jan. 1, 2011, indemnification is permitted if
the intent is expressed in unequivocal terms).
All public works contracts
between a contractor and a
public entity or between a
contractor and design
specialist.
No
Yes
La. Rev. Stat. Ann. § 38:2216
LA
ME
MD
All Construction Contracts.
MA
All contracts in which a
subcontractor agrees to
indemnify another for injury
or damage not caused by the
subcontractor.
Yes
Yes
No statute. See State Farm Mut. Ins. Co. v. Koshy, 995 A.2d 651
(Me. 2010) (indemnification contracts allowed if clearly stated).
No
Yes
Md. Cts. & Jud. Proc. Code § 5-401
Yes
Mass. Gen. Laws Ann. ch. 149, § 29C; see also Johnson v.
Modern Cont’l Constr. Co., Inc., 731 N.E.2d 96 (Mass. App. Ct.
2000) (explaining application of statute); Kelly v. Dimeo, Inc., 581
N.E.2d 1316 (Mass. App. Ct. 1991) (allowing full indemnity).
No
Indemnification for
Vicarious Liability Only
This is a general survey of state statutes through June 2016. The
listing may not reflect statutory changes or court decisions which
may modify the scope or import of the statutes listed above. This
document should not be construed as an attempt to offer or
render a legal opinion or provide legal advice.
Indemnification of Sole
Negligence Prohibited
All states allow indemnification of sole negligence of
indemnitor.
Rev. 6-2016
No Anti-Indemnity Statute
This survey of state laws is a quick reference guide that should only be used as a starting point in researching the
applicable law to a given situation. Depending on the facts of each situation, there may be additional legal authority which
impacts the analysis of a particular issue.
STATE CONSTRUCTION ANTI-INDEMNITY STATUTES
Type of Indemnity Allowed
State
MI
Types of Persons
Contracts Affected
All contracts "relative to"
construction. No specific
mention of design contracts
or design professionals.
Sole Negligence
of Indemnitee
Concurrent Negligence
Full
Indemnity
No
Yes
Yes, if injury is
attributable to
breach of duty,
or a negligent
or wrongful act
or omission.
MN
All construction contracts.
No
MO
All construction contracts.
(Exception for contracts
between state and
governmental agencies, or
between such entities and a
private person.)
No
Statute
Partial
Indemnity
Mich. Comp. Laws Ann. 691.991
Note: There is some confusion over whether the anti-indemnity
statute applies to insurance obligations. The statute on its face
does not apply to insurance. See Sentry Ins. Co. v. Great Lakes
Steel. Corp., 147 Mich. App.214 (1985), c.f. Peeples v. City of
Detroit, 99 Mich. App.285 (1980); Chrysler Corp. v. Skyline
Industrial Services, et. al, 448 Mich. 113 (1995).
Minn. Stat. Ann. § 337.01 (Definitions)
Minn. Stat. Ann. § 337.02
Yes
Mo. Ann. Stat. § 434.100
Indemnification for
Vicarious Liability Only
This is a general survey of state statutes through June 2016. The
listing may not reflect statutory changes or court decisions which
may modify the scope or import of the statutes listed above. This
document should not be construed as an attempt to offer or
render a legal opinion or provide legal advice.
Indemnification of Sole
Negligence Prohibited
All states allow indemnification of sole negligence of
indemnitor.
Rev. 6-2016
No Anti-Indemnity Statute
This survey of state laws is a quick reference guide that should only be used as a starting point in researching the
applicable law to a given situation. Depending on the facts of each situation, there may be additional legal authority which
impacts the analysis of a particular issue.
STATE CONSTRUCTION ANTI-INDEMNITY STATUTES
Type of Indemnity Allowed
State
Types of Persons
Contracts Affected
MS
All construction contracts.
MT
All private construction
contracts.
Applies to all Public
Construction Contracts
NE
NV
All Construction and Design
Contracts.
All contracts (except worker’s
compensation see Nev. Rev.
Stat. Ann. § 616B.609)
Sole Negligence
of Indemnitee
Concurrent Negligence
Full
Indemnity
Statute
Partial
Indemnity
No
Yes
Miss. Code Ann. § 31-5-41
No
Yes
Mont. Code Ann. § 28-2-2111
No
Yes
No
Yes
Neb. Rev. Stat. § 25-21,187(1)
Yes
No statute. See George L. Brown Ins. Agency, Inc. v. Star Ins.
Co., 237 P.3d 92 (Nev. 2010) (indemnification contracts allowed if
clearly and explicitly stated); Reyburn Lawn & Landscape
Designers, Inc. v. Plaster Dev. Co., Inc., 255 P.3d 268 (Nev.
2011) (intent to indemnify for contributory negligence and sole
negligence of the indemnitors must be explicitly stated, and
general provision purporting to indemnify the indemnitee against
“any and all claims” insufficient to achieve this goal).
No
Mont. Code Ann. § 18-2-124
Indemnification for
Vicarious Liability Only
This is a general survey of state statutes through June 2016. The
listing may not reflect statutory changes or court decisions which
may modify the scope or import of the statutes listed above. This
document should not be construed as an attempt to offer or
render a legal opinion or provide legal advice.
Indemnification of Sole
Negligence Prohibited
All states allow indemnification of sole negligence of
indemnitor.
Rev. 6-2016
No Anti-Indemnity Statute
This survey of state laws is a quick reference guide that should only be used as a starting point in researching the
applicable law to a given situation. Depending on the facts of each situation, there may be additional legal authority which
impacts the analysis of a particular issue.
STATE CONSTRUCTION ANTI-INDEMNITY STATUTES
State
NH
NJ
NM
Types of Persons
Contracts Affected
Type of Indemnity Allowed
Concurrent Negligence
Sole Negligence
Full
Partial
of Indemnitee
Indemnity
Indemnity
Yes
Statute
N.H. Rev. Stat. Ann. § 338-A:1 (2010) (Design Professionals)
N.H. Rev. Stat. Ann. § 338-A:2 (2010) (All contracts)
All contracts
No
All construction contracts.
No
Yes
N.J. Stat. Ann. § 2A:40A-1
All agreements where the
indemnitee is a design
professional and liability
arises out of design services
No
Yes
N.J. Stat. Ann. § 2A:40A-2
All construction-related
design contracts.
No
Yes
N.M. Stat. Ann. § 56-7-1; see also J.R. Hale Contracting Co., Inc.
v. Union Pac. R.R., 179 P.3d 579 (N.M. Ct. App. 2007)
(explaining statute).
Indemnification for
Vicarious Liability Only
This is a general survey of state statutes through June 2016. The
listing may not reflect statutory changes or court decisions which
may modify the scope or import of the statutes listed above. This
document should not be construed as an attempt to offer or
render a legal opinion or provide legal advice.
Indemnification of Sole
Negligence Prohibited
All states allow indemnification of sole negligence of
indemnitor.
Rev. 6-2016
No Anti-Indemnity Statute
This survey of state laws is a quick reference guide that should only be used as a starting point in researching the
applicable law to a given situation. Depending on the facts of each situation, there may be additional legal authority which
impacts the analysis of a particular issue.
STATE CONSTRUCTION ANTI-INDEMNITY STATUTES
State
NY
NC
ND
Types of Persons
Contracts Affected
Type of Indemnity Allowed
Concurrent Negligence
Sole Negligence
Full
Partial
of Indemnitee
Indemnity
Indemnity
Statute
All construction contracts.
No
Yes
N.Y. Gen. Oblig. Law § 5-322.1
Design professional seeking
indemnity for liability arising
out of defective maps, plans,
design or specifications.
No
Yes
N.Y. Gen. Oblig. Law § 5-324; see also Brooks v. Judlau
Contracting, Inc., 898 N.E.2d 549 (N.Y. 2008) (interpreting the
statute).
All construction and design
contracts.
No
Yes
All contracts where
contractor indemnifies owner
or its agents for design
errors.
No
Yes
All contracts.
Yes
Yes
N.C. Gen. Stat. Ann. § 22B-1
N.D. Cent. Code § 9-08-02.1 (owners cannot be indemnified by
contractors for design errors of the owner or the owner’s agents)
No Statute. See Kondrad ex rel. McPhail v. Bismarck Park Dist.,
655 N.W.2d 411 (N.D. 2003) (indemnification agreements allowed
if clearly stated) but see N.D. Cent. Code § 9-08-02 (parties cannot
be indemnified for negligent violation of law)
Indemnification for
Vicarious Liability Only
This is a general survey of state statutes through June 2016. The
listing may not reflect statutory changes or court decisions which
may modify the scope or import of the statutes listed above. This
document should not be construed as an attempt to offer or
render a legal opinion or provide legal advice.
Indemnification of Sole
Negligence Prohibited
All states allow indemnification of sole negligence of
indemnitor.
Rev. 6-2016
No Anti-Indemnity Statute
This survey of state laws is a quick reference guide that should only be used as a starting point in researching the
applicable law to a given situation. Depending on the facts of each situation, there may be additional legal authority which
impacts the analysis of a particular issue.
STATE CONSTRUCTION ANTI-INDEMNITY STATUTES
Type of Indemnity Allowed
State
Types of Persons
Contracts Affected
Concurrent Negligence
Sole Negligence
of Indemnitee
Full
Indemnity
Statute
Partial
Indemnity
OH
All construction and design
contracts.
No
Yes
Ohio Rev. Code Ann. § 2305.31. Note that there is a
conflict amongst Ohio’s appellate courts regarding the
application of the statute to additional insured
endorsements. Compare Buckeye Union Ins. Co. v.
Zavarella Brothers Constr. Co, 699 N.E.2d 127 (Ohio Ct.
App. 1997) (AI endorsement barred) with Stickovich v. City
of Cleveland, 757 N.E.2d 50 (Ohio Ct. App. 2001) (AI
endorsement permitted).
OK
Construction Agreements
No
Yes
Okla. Stat. Ann. tit. 15, § 221 Note: This statute may limit additional
insured coverage.
No
Yes
Or. Rev. Stat. Ann. § 30.140; see also Walsh Constr. Co. v. Mut.
Enumclaw, 104 P.3d 1146 (Or. 2005) (Statute interpreted to apply
to additional insured claims)
No
Yes
68 Pa. Cons. Stat. Ann. § 491
OR
PA
All construction and design
contracts. Does not apply to
railroads as defined in O.R.S
824.200.
All construction design
contracts where design
professional is the
indemnitee.
Construction contracts.
Yes
Yes
No statute. See Ocean Spray Cranberries, Inc. v. Refrigerated
Food Distribs., Inc., 936 A.2d 81 (Pa. Super. Ct. 2007)
(indemnification contracts allowed if clearly stated)
Indemnification for
Vicarious Liability Only
This is a general survey of state statutes through June 2016. The
listing may not reflect statutory changes or court decisions which
may modify the scope or import of the statutes listed above. This
document should not be construed as an attempt to offer or
render a legal opinion or provide legal advice.
Indemnification of Sole
Negligence Prohibited
All states allow indemnification of sole negligence of
indemnitor.
Rev. 6-2016
No Anti-Indemnity Statute
This survey of state laws is a quick reference guide that should only be used as a starting point in researching the
applicable law to a given situation. Depending on the facts of each situation, there may be additional legal authority which
impacts the analysis of a particular issue.
STATE CONSTRUCTION ANTI-INDEMNITY STATUTES
State
Types of Persons
Contracts Affected
Type of Indemnity Allowed
Concurrent Negligence
Sole Negligence
Full
Partial
of Indemnitee
Indemnity
Indemnity
RI
All construction and design
contracts.
No
SC
All construction and design
contracts. Electric utility, RR
carriers, SCPSA exempted.
No
Yes
SD
All construction and design
contracts.
No
Yes
TN
All Construction Contracts
No
All construction-related
design contracts.
No
TX
Construction Contracts
No
Yes
Statute
R.I. Gen. Laws § 6-34-1
S.C. Code Ann. § 32-2-10
S.D. Codified Laws § 56-3-18
Tenn. Code Ann. § 62-6-123; but see Posey v. Union Carbide
Corp., 507 F. Supp. 39 (D. Tenn. 1980) (limiting the availability of
additional insured coverage when the underlying contract
between the named insured and additional insured violates the
statute); Rentenbach Constructors, Inc. v. Bowen, 2000 WL
1690286 (Tenn. Ct. App. Nov. 13, 2000) (interpreting statute).
Yes
Yes
Tex. Civ. Prac. & Rem. Code § 130.002(1)&(2)
Tex. Ins. Code Ann. § 151.102; see also Tex. Ins. Code Ann. §
151.103 (exception for bodily injury/death of employee of
indemnitor, its agent, or its subcontractor); Tex. Ins. Code Ann. §
151.104 (provision in contract requiring additional insured
coverage for indemnitee’s own negligence prohibited).
Indemnification for
Vicarious Liability Only
This is a general survey of state statutes through June 2016. The
listing may not reflect statutory changes or court decisions which
may modify the scope or import of the statutes listed above. This
document should not be construed as an attempt to offer or
render a legal opinion or provide legal advice.
Indemnification of Sole
Negligence Prohibited
All states allow indemnification of sole negligence of
indemnitor.
Rev. 6-2016
No Anti-Indemnity Statute
This survey of state laws is a quick reference guide that should only be used as a starting point in researching the
applicable law to a given situation. Depending on the facts of each situation, there may be additional legal authority which
impacts the analysis of a particular issue.
STATE CONSTRUCTION ANTI-INDEMNITY STATUTES
Type of Indemnity Allowed
State
UT
Types of Persons
Contracts Affected
All Construction Contracts
between Owner and another
party (All other indemnification provisions in construction contracts are void)
VT
Sole Negligence
of Indemnitee
Yes
Utah Code Ann. § 13-8-1, Utah Code Ann. § 13-8-2
Yes
No statute. See Tateosian v. Vermont, 945 A.2d 833 (Vt. 2007)
(indemnification contracts allowed if clearly stated)
Yes
Va. Code Ann. § 11-4.1
No
WA
All Construction Contracts
No
WV
All Construction Contracts
No
WY
Statute
Partial
Indemnity
Yes
All Construction Contracts
All Construction Contracts
Full
Indemnity
No
VA
WI
Concurrent Negligence
Yes
Yes
W. Va. Code § 55-8-14
No statute. See Gunka v. Consolidated Papers, Inc., 508 N.W.2d
426 (Wis. Ct. App. 1993) (indemnification of sole negligence of
indemnitee allowed if provision is clear and unambiguous); but see
Wis. Stat. Ann. § 895.447 renders a provision in contract purporting
to limit or eliminate tort liability void, though it has been narrowly
interpreted; Gerdmann by Habush v. U.S. Fire Ins. Co., 350
N.W.2d 730 (Wis. App. 1984) (holding indemnity provision in
contract did not violate statute and was a question of law).
Yes
Yes
Wash. Rev. Code Ann. § 4.24.115; Gilbert H. Moen Co. v. Island
Steel Erectors, Inc., 912 P.2d 472 (Wash. 1996) (interpreting
statute).
Yes
No statute. See Union Pac. Resources Co. v. Dolenc, 86 P.3d
1287 (Wyo. 2004) (indemnification agreements allowed if clearly
stated).
Indemnification for
Vicarious Liability Only
This is a general survey of state statutes through June 2016. The
listing may not reflect statutory changes or court decisions which
may modify the scope or import of the statutes listed above. This
document should not be construed as an attempt to offer or
render a legal opinion or provide legal advice.
Indemnification of Sole
Negligence Prohibited
All states allow indemnification of sole negligence of
indemnitor.
Rev. 6-2016
No Anti-Indemnity Statute
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