Senate Bill No. 492
(By Senator Bailey)
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[Introduced February 3, 2006; referred to the Committee
on Transportation and Infrastructure; and then to the Committee
on the Judiciary.]
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A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §33-6-37, relating to
providing that indemnity agreements in motor carrier
transportation contracts are void and unenforceable as against
public policy.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §33-6-37, to read as
follows:
ARTICLE 6. THE INSURANCE POLICY.
§33-6-37. Idemnity agreement in motor carrier transportation
contracts void.
(a) 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.
(b) In this section:
(1) "Motor carrier transportation contract" means a contract,
agreement or understanding covering:
(i) The transportation of property for compensation or hire by
the motor carrier;
(ii) Entrance on property by the motor carrier for the purpose
of loading, unloading or transporting property for compensation or
hire; or
(iii) A service incidental to activity described in subsection
(a)or (b), 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 such motor carrier.
NOTE: The purpose of this bill is to
provide that indemnity
agreements in motor carrier transportation contracts are void and
unenforceable as against public policy.
This section is new; therefore, strike-throughs and
underscoring have been omitted.