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AR SB762
Bill
Status
5/17/2013
Primary Sponsor
Jeremy Hutchinson
Click for details
AI Summary
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Amends Arkansas Code § 4-7-309 to void and make unenforceable indemnity clauses in motor carrier transportation contracts that require carriers or their insurers to indemnify others for negligent, reckless, intentional, malicious, willful, or wanton acts or omissions of the indemnitee.
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Applies to contracts covering transportation of property for compensation or hire, property entrance for loading/unloading/delivery, or related services including storage, entered into or modified on or after the act's passage.
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Exempts the Uniform Intermodal Interchange and Facilities Access Agreement administered by the Intermodal Association of North America, other intermodal equipment agreements, and insurance contracts from the prohibition.
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Establishes that Arkansas law on indemnity shall apply to and govern all motor carrier transportation contracts performed in whole or in part within Arkansas, regardless of choice-of-law provisions.
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Declares an emergency effective immediately upon gubernatorial approval, non-veto expiration, or veto override, based on the public policy concern that such indemnity provisions eliminate incentives for indemnitees to prevent accidents or losses.
Legislative Description
To Prohibit Enforcement Of Certain Indemnity Clauses In Motor Carrier Transportation Contracts.
Last Action
Sine Die adjournment
5/17/2013