California Codes, Civil Code - CIV, Division 3 — Obligations, Part 4 — Obligations Arising from Particular Transactions, Title 12 — Indemnity, Section 2784.5

Any provision, promise, agreement, clause, or covenant contained in, collateral to, or affecting any hauling, trucking, or cartage contract or agreement is against public policy, void and unenforceable if it purports to indemnify the promisee against liability for any of the following damages which are caused by the sole negligence or willful misconduct of the promisee, agents, servants, or the independent contractors directly responsible to the promisee, except when such agents, servants, or independent contractors are under the direct supervision and control of the promisor:

(a) Damages arising out of bodily injury or death to persons.

(b) Damage to property.

(c) Any other damage or expense arising under either (a) or (b).

This section shall not affect the validity of any insurance contract, workmen’s compensation insurance contract, or agreement issued by an admitted insurer as defined by Sections 23 and 24 of the Insurance Code or insurance effected by surplus line brokers under Sections 1760 through 1780 of the Insurance Code.

Notes

Prohibits hauling, trucking, or cartage contract terms that indemnify a promisee for bodily injury, death, property damage, or related expense caused by the promisee's sole negligence or willful misconduct, including specified responsible agents and contractors unless directly controlled by the promisor. Exempts listed insurance contracts and surplus-line insurance arrangements from the prohibition.

Use as reference

Lexinter.net | California Code, Civil Code - CIV § 2784.5 | https://laws.lexinter.net/codes/california/civil-code/division-3/part-4/title-12/section-2784-5

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