RS 48:251.7

263 words·~1 min read·/la/title-48/48-364

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RS 48:251.7

§251.7. Prohibited provisions

A. It is hereby declared that any provision contained in a department contract, other than a provision naming another as a co-insured or additional beneficiary in a contract of insurance, which requires the department to assume liability for damages arising out of injuries or property damage to the contracting parties or to third parties caused by the negligence of anyone other than the department, its employees, or agents, is contrary to the public policy of the state of Louisiana. Any and all such provisions in any and all department contracts shall be null and void.

B. It is hereby declared that any provision contained in a department contract, other than a provision naming another as a coinsured or additional beneficiary in a contract of insurance, which requires a contracting private party to assume liability for damages arising out of injuries or property damage to the department caused by the negligence of anyone other than the contracting private party, its employees, or agents, is contrary to the public policy of the state of Louisiana. Any and all such provisions in any and all department contracts shall be null and void.

C. The provisions of this Section shall not apply to contracts between the department and the owner of immovable property when the purpose of the contract is to grant the department a servitude, right-of-way, or other authority to go upon, construct works, perform activities, or to otherwise exercise control over or use the owner's property.

Acts 1997, No. 1112, §1, eff. July 14, 1997; Acts 2023, No. 379, §2.