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Wyoming law usually prohibits those engaged in the oil and gas industry from contractually shifting to others liability for their own negligence. Lexington argued Wyoming's Anti?Indemnity Statute declares void as a matter of public policy ?[a]ll agreements ?
In legal terms, an Act of Indemnity is a statute passed to protect people who have committed some illegal act which would otherwise cause them to be subjected to legal penalties.
An anti-indemnity statute is a law defining how much risk can be transferred between parties in a contract and is oftentimes used in construction contracts. An anti-indemnity statute protects sub-contractors from risks they take on from a primary contractor.
Section 145(c)(1) provides that to the extent a director has been successful on the merits or otherwise in defense of any action, suit, or proceeding referenced in Section 145(a) or Section 145(b), the director shall be indemnified against expenses actually and reasonably incurred by the director in connection ...
Indemnity is implicated when a person discharges another's duty: A person who, in whole or in part, has discharged a duty which is owed by him but which as between himself and another should have been discharged by the other, is entitled to indemnity from the other, unless the payor is barred by the wrongful nature of ...
New Mexico law contains a statute which voids construction contracts as against public policy when a contract attempts to indemnify, hold harmless, insure, or defend a party for its own negligence. See N.M. Stat. Ann. § 56-7-1 (2022).
Louisiana Oilfield Anti-Indemnity Act [2] The LOAIA prohibits indemnification for an indemnitee's own negligence or fault that causes death or bodily injury to another person. Unlike the other three Oilfield Indemnity Acts, the LOAIA does not prohibit indemnification for property damage.
Under Marcel, a court will not void an additional insured undertaking where no material part of the cost of adding the additional insured to the policy was borne by the party owing indemnity.