Sec. 1. 10 MRSA §1120-A is enacted to read:

§1120-A.__Indemnification agreements against public policy

1.__Agreements void and unenforceable.__It is against public policy and is void and unenforceable if, notwithstanding any other provision of this chapter, a provision, clause, covenant or agreement contained in, collateral to or affecting a construction contract or a contract involving the harvesting of timber, a contract involving maintenance of property engaged in the harvesting of timber or a contract attendant to timber or woodworking operations of any nature, purports to indemnify the promisee against liability for damages for:

A.__Death or bodily injury to persons;

B.__Injury to property;

C.__Design defects; or

D.__Other loss, damage or expense arising under paragraph A, B or C from the negligence or willful misconduct of the promisee or the promisee's agents, servants or independent contractors, who are directly responsible to the promisee.

2.__Exceptions.__Nothing in this section affects the validity of an insurance contract for workers' compensation or any other insurance contract or agreement issued by a licensed insurer.

SUMMARY

This bill prohibits certain indemnification agreements by which a contracting party indemnifies itself from its own negligence or willful misconduct.