On April 7, Kentucky become the 41st state to pass an anti-indemnification bill into law. Anti-indemnification laws provide protection for Motor Carriers against broad indemnity provisions included in contracts with Shippers. The provisions may include the Motor Carrier assuming responsibility to indemnify the Shipper, even if the Shipper’s negligence caused or contributed to the accident or injury. The anti-indemnification laws work to void these provisions, holding Shippers and Motor Carriers individually liable to the extent they were at fault.
According to a Transport Topics article published on April 8, “A bill is expected to be introduced in New Jersey this year and in Ohio next year.” Other states lacking anti-indemnification law include: Arkansas, Delaware, Mississippi, New Hampshire, New York, Rhode Island and Vermont.