MN SF1227

Allows indemnification agreements in building and construction contracts to cover a promisee's negligence if the promisor obtains specifically identified insurance types and limits required by the promisee.

Expands the definition of insurance agreements excluded from indemnification restrictions to include general liability, professional liability, builders risk, property, workers' compensation, owner or contractor controlled insurance programs, construction bonds, and other insurance relating to building and construction contracts.

Changes the remedy for failure to obtain required insurance from "indemnification" to "recourse against" the promisor, with indemnification available to the extent the specified insurance would have provided coverage.

Shifts the burden of proof to the promisor to demonstrate that a claim falls outside the scope of specified insurance when the promisor claims to have obtained coverage but the insurance did not cover the claim.

Permits a promisor to avoid indemnification obligations if specified insurance was not reasonably available in the market and the promisor provided written notice to the other party before signing the agreement or signed with a written exception.