No Risk Allocation Need Apply: The Twisted Minnesota Law of Indemnification

Abstract

Minnesota's law on indemnification agreements is the most restrictive in the country. To provide a basis for understanding the law's restrictions, this Article begins with an analysis of the rationale and functions of indemnification agreements. The Article then reviews the hostility of both the common and statutory law to indemnification agreements and argues that opponents of indemnification have acted without convincing reasons or supporting evidence in substituting government rules for private decision-making.

Keywords: Contracts, Indemnification, Construction, Personal Injury, Workers' Compensation, Negligence, Indemnity, Strict Construction, Contribution, risk allocation, insurance, CGL