Indemnification agreement goes ‘off the rails’

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted July 8, 2022 1:07 PM

With a close look at an Illinois anti-indemnification statute — Sec. 18c-4105(a) of the Vehicle Code — U.S. District Court Judge Steven C. Seeger explained that the indemnification provision in a broker-carrier agreement between Coyote Logistics and Bajan Enterprise is so extensive it “goes off the rails and runs into trouble.” Coyote, a freight broker, arranged for Bajan to haul $88,660 of cheese owned by Publix Super Market from Tennessee to Florida. An accident destroyed the entire load, and Publix deducted the loss …

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