390.372. Motor carrier contracts, hold harmless provisions void and unenforceable--definitions. - Missouri Statutes

Motor carrier contracts, hold harmless provisions void andunenforceable--definitions.

390.372. 1. Notwithstanding any provision of law to the contrary, aprovision, clause, covenant, or agreement contained in, collateral to, oraffecting a motor carrier transportation contract that purports toindemnify, defend, or hold harmless, or has the effect of indemnifying,defending, or holding harmless, the promisee from or against any liabilityfor loss or damage resulting from the negligence or intentional acts oromissions of the promisee is against the public policy of this state and isvoid and unenforceable.

2. For the purposes of this section, the following terms shall mean:

(1) "Motor carrier transportation contract", a contract, agreement,or understanding covering:

(a) The transportation of property for compensation or hire by themotor carrier;

(b) The entrance on property by the motor carrier for the purpose ofloading, unloading, or transporting property for compensation or hire; or

(c) A service incidental to activity described in paragraphs (a) and(b) of this subdivision, including but not limited to, storage of property;

"Motor carrier transportation contract" shall not include the UniformIntermodal Interchange and Facilities Access Agreement administered by theIntermodal Association of North America or other agreements providing forthe interchange, use or possession of intermodal chassis, or otherintermodal equipment;

(2) "Promisee", the promisee and any agents, employees, servants, orindependent contractors who are directly responsible to the promisee exceptfor motor or rail carriers who are party to a motor carrier transportationcontract, and such motor or rail carrier's agents, employees, servants, orindependent contractors directly responsible to such motor or railcarriers.

(L. 2008 S.B. 930 & 947)