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Indemnity clauses in motor carrier contracts: Michigan, Ohio and Indiana

Helm PartnersUpdated Oct 30, 2026Sources checked Oct 30, 2026

This guide is general information, not advice on any policy.

Short answer

Michigan (MCL 479.21), Ohio (ORC 2305.52) and Indiana (IC 8-2.1-26) each void clauses in motor carrier transportation contracts that make the carrier indemnify, defend or hold harmless the other party for that party's own negligence or intentional acts. A clause that covers only the carrier's own fault is a different matter. Have a lawyer read your contract.

In this guide
  • What the three statutes void
  • What counts as a covered contract
  • Exceptions
  • What to check in a dedicated contract
  • FAQ

What the three statutes void

  • Michigan: a provision that indemnifies, defends or holds harmless the promisee for its own negligence or intentional acts or omissions is void and unenforceable (MCL 479.21).
  • Ohio: the same kind of provision is void as against public policy (ORC 2305.52).
  • Indiana: an indemnity provision covering the promisee's negligence, intentional acts or omissions is void and unenforceable (IC 8-2.1-26-2 and IC 8-2.1-26-5).

What counts as a covered contract

  • Hauling property for compensation or hire.
  • Entering property to load, unload or haul.
  • Services incidental to those, which Michigan and Indiana say include storage.

Exceptions

  • All three: the IANA Uniform Intermodal Interchange and Facilities Access Agreement.
  • Michigan and Ohio: other intermodal chassis or equipment agreements.
  • Indiana: clauses limited to the carrier's own fault, and certain regulated utility contracts.

What to check in a dedicated contract

  • Find the indemnity, defense and hold harmless sections.
  • Note whether they cover only our fault or any claim.
  • Note the governing law and venue clauses.
  • Match additional insured and insurance terms to the indemnity terms.
  • Send questions to your lawyer before renewal.

Related: insurance terms in dedicated contract carriage, the dedicated contract renewal checklist, shipper contract insurance clauses, certificates of insurance for mills and plants.

FAQ

Do these laws ban all indemnity clauses?

No. They void clauses that shift the other party's own negligence or intentional acts onto the carrier. Indiana says a clause limited to the carrier's own fault is outside the ban (IC 8-2.1-26-5(a)(1)).

Which contracts are covered?

Contracts for hauling property for hire, entering property to load or unload, and services incidental to those. Michigan and Indiana name storage as an incidental service.

Are intermodal chassis agreements covered?

No. All three exclude the IANA Uniform Intermodal Interchange and Facilities Access Agreement. Michigan and Ohio also exclude other intermodal equipment agreements.

When did they take effect?

Indiana applies to provisions entered into or renewed after June 30, 2006. Michigan took effect Mar 28, 2013. Ohio took effect Mar 23, 2016.

Which state's law applies to my contract?

That depends on the contract and the facts. Ask a lawyer licensed in the state. This page does not answer that.

This guide is general information, not advice on any policy.

Sources