Product Update

Expanded Case Law Interpreting Motor Carrier Transportation Anti-Indemnity Statutes in Contractual Risk Transfer


For the second time this year, a Louisiana court has had to interpret the Louisiana motor carrier transportation anti-indemnity statute. In the June 2017 Contractual Risk Transfer release, we discussed the U.S. District Court for the Eastern District of Louisiana's decision in Gaulden v. Buzzi Unicem USA, Inc., 2017 U.S. Dist. LEXIS 101690 (E.D. La. Jun. 29, 2017), a case in which the enforceability of an insurance policy under the Louisiana motor carrier transportation anti-indemnity statute was at issue. More recently, in Daniels v. Int'l Paper Co., 2017 La. App. LEXIS 1992 (La. Ct. App. Nov. 3, 2017), the Louisiana Court of Appeals had to determine whether a "Master Wood Purchase and Service Agreement" fell within the statute's definition of a "motor carrier transportation contract." This release of Contractual Risk Transfer expands the discussion of case law interpreting motor carrier transportation anti-indemnity statutes to include the Daniels case.

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