IC 8-2.1-26
    Chapter 26. Invalidity of Indemnity Agreements in Motor CarrierTransportation Contracts

IC 8-2.1-26-1
Application of chapter
    Sec. 1. This chapter applies to an indemnity provision entered intoor renewed after June 30, 2006.
As added by P.L.31-2006, SEC.1.

IC 8-2.1-26-2
"Indemnity provision"
    Sec. 2. As used in this chapter, "indemnity provision" means aprovision, a clause, a covenant, or an agreement that:
        (1) is contained in, collateral to, or affecting a motor carriertransportation contract; and
        (2) purports to indemnify, defend, or hold harmless, or has theeffect of indemnifying, defending, or holding harmless, apromisee against liability for loss or damage resulting from:
            (A) negligence;
            (B) intentional acts; or
            (C) omissions;
        of the promisee or an agent, employee, servant, or independentcontractor that is directly responsible to the promisee.
As added by P.L.31-2006, SEC.1.

IC 8-2.1-26-3
"Motor carrier transportation contract"
    Sec. 3. As used in this chapter, "motor carrier transportationcontract" means a contract, an agreement, or an understandingcovering:
        (1) the transportation of property for compensation or hire by amotor carrier as defined under this article or by 49 U.S.C.13102(12);
        (2) the entrance on real property by a motor carrier to:
            (A) load;
            (B) unload; or
            (C) transport property for compensation or hire; or
        (3) a service incidental to an activity described in subdivision(1) or (2), including storage of property.
As added by P.L.31-2006, SEC.1.

IC 8-2.1-26-4
"Promisee"
    Sec. 4. As used in this chapter, "promisee" means a person that anindemnity provision:
        (1) purports to indemnify, defend, or hold harmless; or
        (2) has the effect of indemnifying, defending, or holdingharmless.
As added by P.L.31-2006, SEC.1.
IC 8-2.1-26-5
Indemnity provisions; exceptions; enforcement
    Sec. 5. (a) This section does not apply to any of the following:
        (1) An indemnity provision in which a motor carrierindemnifies a promisee for and only to the extent of loss ordamage that results directly from the negligence, omission, orintentional act of the motor carrier or an agent, employee,servant, or independent contractor that is directly responsible tothe motor carrier.
        (2) An indemnity provision contained in, collateral to, oraffecting a motor carrier transportation contract with a regulatedpublic utility, including an energy utility (as defined inIC 8-1-2.5-2) or an affiliate of an energy utility, if the contractrelates to a utility product, service, or business operation. Forpurposes of this subdivision, a contract relates to a utilityproduct, service, or business operation if it involves an activitynecessary for or ancillary to the production or delivery of heat,power and light, or a product or service under the jurisdictionof the Indiana utility regulatory commission (as described byIC 8-1-1).
        (3) The Uniform Intermodal Interchange and Facilities AccessAgreement administered by the Intermodal Association ofNorth America.
    (b) Notwithstanding any other law, an indemnity provision underthis chapter is:
        (1) against public policy; and
        (2) void and unenforceable.
As added by P.L.31-2006, SEC.1.