2019 -- S 0332

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LC000459

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO INSURANCE -- SNOW REMOVAL SERVICE LIABILITY LIMITATIONS

ACT

     

     Introduced By: Senators Ciccone, and Lombardi

     Date Introduced: February 13, 2019

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Title 27 of the General Laws entitled "Insurance" is hereby amended by

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adding the following chapter thereto:

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CHAPTER 82

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SNOW REMOVAL SERVICE LIABILITY LIMITATIONS ACT

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     27-82-1. Short title.

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     This act shall be known and may be cited as the "Snow Removal Service Liability

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Limitations Act."

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     27-82-2. Definitions.

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     When used in this chapter:

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     (1) "Service provider" means a person providing services under a snow removal and ice

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control services contract.

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     (2) "Service receiver" means a person receiving services under a snow removal and ice

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control services contract.

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     (3) "Snow removal and ice control services contract" means a contract or agreement for

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the performance of any of the following:

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     (i) Plowing, shoveling, or other removal of snow or other mixed precipitation from a

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service;

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     (ii) De-icing services; or

 

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     (iii) Service incidental to an activity described in subsection (3)(i) or (3)(ii) of this

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section, including operation or otherwise moving snow removal or de-icing equipment, or

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materials.

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     27-82-3. Certain indemnity agreements void.

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     A provision, clause, covenant, or agreement that is part of or in connection with a snow

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removal and ice control services contract is against public policy and void if it does any of the

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following:

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     (1) Requires, or has the effect of requiring, a service provider to indemnify a service

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receiver for damages resulting from the acts or omissions of the service receiver or the service

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receiver's agent or employees.

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     (2) Requires, or has the effect of requiring, a service receiver to indemnify a service

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provider for damages resulting from the acts or omissions of the service provider or the service

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provider's agents or employees.

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     (3) Requires, or has the effect of requiring, a service provider to hold a service receiver

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harmless from any tort liability for damages resulting from the acts or omissions of the service

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receiver or the service receiver's agents or employees.

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     (4) Requires, or has the effect of requiring, a service receiver to hold a service provider

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harmless from any tort liability for damages resulting from the acts or omissions of the service

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provider or the service provider’s agents or employees.

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     (5) Requires, or has the effect of requiring, a service provider to defend a service receiver

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against any tort liability for damages resulting from the acts or omissions of the service receiver

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or the service receiver’s agents or employees.

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     (6) Requires, or has the effect of requiring, a service receiver to defend a service provider

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against any tort liability for damages resulting from the acts or omissions of the service provider

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or the service provider's agents or employees.

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     27-82-4. Applicability.

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     (1) This chapter applies to snow removal and ice control services contracts entered into

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on and after the effective date of this chapter.

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     (2) This chapter does not apply to contracts for snow removal or ice control services on

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public roads or with public bodies.

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     (3) This chapter does not apply to contracts for snow removal or ice control services with

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a public utility.

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     (4) This chapter does not affect any liabilities, immunities, or affirmative defenses arising

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under other law.

 

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO INSURANCE -- SNOW REMOVAL SERVICE LIABILITY LIMITATIONS

ACT

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     This act would regulate snow removal contracts between service providers and service

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receivers, limit liability between them, and declare certain indemnity agreements void as against

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public policy.

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     This act would take place upon passage.

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