Minn. Stat. » CHAPTER 337. BUILDING AND CONSTRUCTION CONTRACTS
Minnesota Statutes

Minn. Stat. § 337.05 (2026)

Agreements To Insure

✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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Subdivision 1.Agreements valid.

(a) Except as otherwise provided in paragraph (b), sections 337.01 to 337.05 do not affect the validity of agreements whereby a promisor agrees to provide specific insurance coverage for the benefit of others.

(b) A provision that requires a party to provide insurance coverage to one or more other parties, including third parties, for the negligence or intentional acts or omissions of any of those other parties, including third parties, is against public policy and is void and unenforceable.

(c) Paragraph (b) does not affect the validity of a provision that requires a party to provide or obtain workers' compensation insurance, construction performance or payment bonds, builder's risk policies, owner or contractor-controlled insurance programs or policies, or project-specific insurance for claims arising out of the promisor's negligent acts or omissions or the negligent acts or omissions of the promisor's independent contractors, agents, employees, or delegatees.

(d) Paragraph (b) does not affect the validity of a provision that requires the promisor to provide or obtain insurance coverage for the promisee's vicarious liability, or liability imposed by warranty, arising out of the acts or omissions of the promisor.

(e) Paragraph (b) does not apply to building and construction contracts for work within 50 feet of public or private railroads, or railroads regulated by the Federal Railroad Administration.

Subd. 2.Indemnification for breach of agreement.

If:

(a) a promisor agrees to provide specific types and limits of insurance; and

(b) a claim arises within the scope of the specified insurance; and

(c) the promisor did not obtain and keep in force the specified insurance;

then, as to that claim and regardless of section 337.02, the promisee shall have indemnification from the promisor to the same extent as the specified insurance.

Subd. 3.When indemnification not available.

The indemnification stated in subdivision 2 is not available if:

(a) the specified insurance was not reasonably available in the market; and

(b) the promisor so informed the other party to the agreement to insure before signing the agreement, or signed the agreement subject to a written exception as to the nonavailable insurance.

Subd. 4.Indemnification regarding deductible amounts.

If:

(1) a promisor agrees to provide specific types and limits of insurance; and

(2) a claim arises within the scope of the specified insurance; and

(3) the insurance provided by the promisor includes a self-insured retention or a deductible amount;

then, as to that claim and regardless of section 337.02, the promisee shall have indemnification from the promisor to the full extent of the deductible amount or self-insured retention.

Subd. 5.No waiver by certificates.

A promisor's obligation to provide specified insurance is not waived by either or both of the following:

(1) a promisee's failure to require or insist upon certificates or other evidence of insurance;

(2) a promisee's acceptance of a certificate or other evidence of insurance that shows a variance from the specified coverage.

Notes of Decisions
Cited in 13 cases (1 in the last 5 years), 1991–2021 · leading case: Eng'g & Constr. Innovations, Inc. v. L.H. Bolduc Co., 825 N.W.2d 695 (Minn. 2013).
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Eng'g & Constr. Innovations, Inc. v. L.H. Bolduc Co., 825 N.W.2d 695 (Minn. 2013). · cites it 28× “An exception in Minn.Stat. § 337.05 (2012), however, provides that section 337.”
Hurlburt v. N. States Power Co., 549 N.W.2d 919 (Minn. 1996). · cites it 20× “" Minn.Stat. § 337.05, subd. 1 (1994). The legislature has declared that agreements to indemnify for negligence beyond one's own are unenforceable.”
D.W. Hutt Consultants, Inc. v. Constr. Maint. Sys., Inc., 526 N.W.2d 62 (Minn. Ct. App. 1995). · cites it 14× “The court also held that the indemnification clause was an agreement to provide specific insurance coverage under Minn.Stat. § 337.05, subd. 1 (1990) and not an unenforceable indemnification provision under Minn.”
Holmes v. Watson-Forsberg Co., 488 N.W.2d 473 (Minn. 1992). · cites it 4× “The characterization of provision 7 as an invalid indemnification agreement is erroneous, not only because it ignores the clear and unambiguous language of the contractual provision which obligates this subcontractor to obtain “general liability insurance coverage and…”
Van Vickle v. C.W. Scheurer & Sons, Inc., 556 N.W.2d 238 (Minn. Ct. App. 1996). · cites it 6× “” Minn.Stat. § 337.05, subd. 1 (1994); see also Katzner, 545 N.”
Eng'g & Constr. Innovations, Inc. v. L.H. Bolduc Co., 803 N.W.2d 916 (Minn. Ct. App. 2011). · cites it 20× “” Minn.Stat. § 337.05, subd. 1 (2010). “[T]he legislature both anticipated .”
Holmes v. Watson-Forsberg Co., 471 N.W.2d 109 (Minn. Ct. App. 1991). · cites it 6× “The trial court granted Watson-Forsberg’s summary judgment motion, concluding the indemnification provision was a valid agreement to insure pursuant to Minn.Stat. § 337.05, subd. 1 (1988) and Watson-Fors-berg was entitled to indemnification from *111 Pro-Tech to the extent of…”
Seifert v. Regents of Univ. of Minnesota, 505 N.W.2d 83 (Minn. Ct. App. 1993). · cites it 2× “2d at 475 ; Minn.Stat. § 337.05 (1984) (sections 337.”
Katzner v. Kelleher Constr., 545 N.W.2d 378 (Minn. 1996). · cites it 2× “” Minn.Stat. § 337.05, subd. 1 (1994). Accordingly, in Holmes , this court upheld a construction contract which required the subcontractor to provide insurance coverage for all damages and injuries, including “claims for which the Contractor may be or may be claimed to be,…”
Katzner v. Kelleher Constr., 535 N.W.2d 825 (Minn. Ct. App. 1995). · cites it 2× “An indemnification agreement contained in, or executed in connection with, a building and construction contract is unenforceable except to the extent that the underlying injury or damage is attributable to the negligent or otherwise wrongful act or omission, including breach of…”
Seward Hous. Corp. v. Conroy Bros. Co., 573 N.W.2d 364 (Minn. 1998). · cites it 7× “” Minn.Stat. § 337.05, subd. 1 (1996). 2 Section 337.”
Hurlburt v. N. States Power Co., 524 N.W.2d 546 (Minn. Ct. App. 1995). · cites it 2× “But there is a difference between indemnification agreements and agreements to procure insurance in the building and construction industry.”
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