Alaska Statutes
Alaska Stat. § 45.45.900 (2026)
Indemnification agreements against public policy
✓ current as of July 2026
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Sec. 45.45.900. Indemnification agreements against public policy.
A provision, clause, covenant, or agreement contained in, collateral to, or affecting a construction contract that purports to indemnify the promisee against liability for damages for (1) death or bodily injury to persons, (2) injury to property, (3) design defects, or (4) other loss, damage or expense arising under (1), (2), or (3) of this section from the sole negligence or wilful misconduct of the promisee or the promisee's agents, servants, or independent contractors who are directly responsible to the promisee, is against public policy and is void and unenforceable; however, this provision does not affect the validity of an insurance contract, workers' compensation, or agreement issued by an insurer subject to the provisions of AS 21, or a provision, clause, covenant, or agreement of indemnification respecting the handling, containment, or cleanup of oil or hazardous substances as defined in AS 46.
A provision, clause, covenant, or agreement contained in, collateral to, or affecting a construction contract that purports to indemnify the promisee against liability for damages for (1) death or bodily injury to persons, (2) injury to property, (3) design defects, or (4) other loss, damage or expense arising under (1), (2), or (3) of this section from the sole negligence or wilful misconduct of the promisee or the promisee's agents, servants, or independent contractors who are directly responsible to the promisee, is against public policy and is void and unenforceable; however, this provision does not affect the validity of an insurance contract, workers' compensation, or agreement issued by an insurer subject to the provisions of AS 21, or a provision, clause, covenant, or agreement of indemnification respecting the handling, containment, or cleanup of oil or hazardous substances as defined in AS 46.
Notes of Decisions
Cited in 3
cases, 2010–2017 · leading case: United Rentals Nw., Inc. v. Yearout Mech., Inc., 237 P.3d 728 (N.M. 2010).
United Rentals Nw., Inc. v. Yearout Mech., Inc., 237 P.3d 728 (N.M. 2010). “at 666 ; see also Alaska Stat. § 45.45.900 (1975). The Supreme Court of Alaska, persuaded by the “body of authority, coupled with the [lease] language,” held that the equipment lease fell within the scope of its anti-indemnity statute.”
RSC Equip. Rental, Inc. v. Cincinnati Ins., 54 F. Supp. 3d 480 (W.D. Va. 2014). “To the extent that some of these cases are more directly on point, I find the reasoning in Carpenter and McMunri to be more persuasive.”
Wilhelm Constr., Inc. & J.C. Riberger Constr. Corp. v. Secura Ins., a Mut. Co. & Davenport Masoney, Inc. (mem. dec.) (Ind. Ct. App. 2017). “See Alaska Stat. § 45.45.900 ; Ariz. Rev. Stat.”
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