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Journal > Witness Indemnity Agreement

Witness Indemnity Agreement

October 16th, 2021

In many large construction projects, it is common and common for compensation agreements to start with the owner and go through the general contractor to the subcontractors. Under the indemnification agreements, subcontractors agree to indemnify and hold harmless the general contractor for injuries resulting from their work. In return, the general contractor makes the same promise to the owner of the premises. The net result of such agreements is that a lawsuit brought by an injured employee of subcontractor X against the owner of the premises and the general contractor is defended by subcontractor X`s insurance policy.3 Evidence that a person was or was not covered by liability insurance is not permitted when it comes to whether the person acted negligently or otherwise unlawfully. This rule does not require the exclusion of proof of liability insurance if it is offered for other purposes. B for example as evidence of capacity to act, ownership or control, or bias or harm or witness. Why should a plaintiff lawyer whose insurance policy defends this lawsuit care? The reason for this is bias. Even if, according to the exclusive remedy provision of article 3602 of the Labour Code, the subcontracted employer cannot be a defendant in the action, the employer`s insurance policy defends the case. The applicant`s employees, especially in management positions, are often aware that their insurance policy is at stake. This leads to situations in testimonies and trials where employee witnesses – who would have no interest in the dispute – are extremely biased and testify negatively to the plaintiff to protect the general contractor who is compensated by subcontractor X. 2 Under Paragraph 2782 BGB, it is illegal to attempt to obtain a compensation agreement for liability resulting from the “exclusive negligence” or “wilful misconduct” of the prometur.

Article 2782 reads as follows: “Except in the cases provided for in articles 2782.1, 2782.2, 2782.5 and 2782.6, provisions, clauses, agreements or agreements contained in guarantees relating to or affecting a construction contract that purport to indemnify the promise of liability for mortal or bodily injury caused to persons, injury to property or other loss, damage or expense, resulting solely from the negligence or wilful misconduct of the promise or representatives of the promise, servants or independent contractors who are directly responsible for such promise or design defects provided by such persons are contrary to public policy and void and unenforceable. Under California and federal law, proof of compensation is admissible to prove possible bias on the part of the witness. .

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