Sec. 18c-4105. Indemnity agreement in motor carrier transportation contracts void.

250 words·~1 min read·/il/chapter-625/act-5/18c-4105

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Notwithstanding any other provision of law, 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.

(b)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

(i)or

(ii)above, including, but

not limited to, storage of property.

(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 promisee, and such motor carrier's agents, employees, servants or independent contractors directly responsible to the motor carrier.

(c)This Section does not apply to 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.