§ 48:251.7 — Prohibited provisions

Louisiana § 48:251.7

• Jurisdiction: Louisiana
• Title 48: Roads, Bridges and Ferries

Text

§251.7. Prohibited provisions
A. It is hereby declared that any provision contained in a department contract, other
than a provision naming another as a co-insured or additional beneficiary in a contract of
insurance, which requires the department to assume liability for damages arising out of
injuries or property damage to the contracting parties or to third parties caused by the
negligence of anyone other than the department, its employees, or agents, is contrary to the
public policy of the state of Louisiana. Any and all such provisions in any and all department
contracts shall be null and void.
B. It is hereby declared that any provision contained in a department contract, other
than a provision naming another as a coinsured or additional beneficiary in a contract of
insurance, which requires a contracting private party to assume liability for damages arising
out of injuries or property damage to the department caused by the negligence of anyone
other than the contracting private party, its employees, or agents, is contrary to the public
policy of the state of Louisiana. Any and all such provisions in any and all department
contracts shall be null and void.
C. The provisions of this Section shall not apply to contracts between the department
and the owner of immovable property when the purpose of the contract is to grant the
department a servitude, right-of-way, or other authority to go upon, construct works, perform
activities, or to otherwise exercise control over or use the owner's property.

Legislative History

Acts 1997, No. 1112, §1, eff. July 14, 1997; Acts 2023, No. 379, §2.