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As a business owner, you're likely aware of the importance of protecting your company from potential risks. One often-overlooked area is railroad protective liability coverage, which can provide financial protection in the event of an accident or injury involving your business and a railroad.
Railroad protective liability coverage is a type of insurance that specifically addresses the risks associated with railroad operations. This can include accidents involving trains, railcars, or other railroad equipment, as well as injuries to employees or members of the public.
There are several types of railroad protective liability coverage options available, including primary and excess policies. Primary policies provide the initial layer of coverage, while excess policies kick in after the primary policy has been exhausted.
In addition to these policy types, there are also different levels of coverage, such as occurrence-based and claims-made policies.
What Is Railroad Protective Liability Coverage?
Railroad protective liability coverage is designed to provide protection against a fairly narrow set of possible risks.
This type of coverage is typically purchased by contractors who work on railroad projects. Most contractors who purchase railroad protective liability should keep their general liability in place.
Eligibility and Underwriting
The Railroad Protective Liability Coverage Form doesn't have specific eligibility requirements, but it's limited to railroad property and the named insured must be a railroad.
Contractual requirements determine when this coverage is needed, and it's typically purchased by a contractor for the benefit of the railroad. This coverage is used in specific circumstances, such as when a contractor performs work on or near railroad property.
Underwriting involves identifying potential exposures, analyzing them relative to the degree of risk, classifying the risk, and then rating and pricing the exposures correctly. This process is detailed in Rule 49 of the General Liability section of the ISO Commercial Lines Manual (CLM).
Eligibility
Eligibility is a crucial aspect of any insurance policy, and the Railroad Protective Liability Coverage Form is no exception.
The Railroad Protective Liability Coverage Form does not have any specific eligibility requirements or references with respect to whether or not it applies to a given operation or business.
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Contractual requirements determine when this coverage is needed and its use is limited to specific circumstances.
The named insured must be a railroad, as the definitions and coverages are limited to railroad property.
The contractor that performs the work on or near railroad property arranges for and purchases this coverage for the benefit of the railroad.
Underwriting
Underwriting for Railroad Protective Liability Coverage involves identifying potential exposures, analyzing them relative to the degree of risk represented by each, classifying the risk, and then rating and pricing the exposures correctly.
This process is detailed in Rule 49 in the General Liability section of the ISO Commercial Lines Manual (CLM), where the classifications eligible for use and their application are listed along with footnotes, instructions, and explanations.
Insurance companies consider many different factors when setting premiums for railroad protective liability policies, including the total cost of a project, cost of work within close proximity to railroad property, and the precise location of the covered project.
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Rating Railroad Protective Liability Coverage is a complex process that requires careful analysis of various factors, including the number of tracks near the working area, the number of freight and passenger trains that pass by on those tracks, and the details of what exactly the project entails.
The underwriting process for Railroad Protective Liability Coverage is designed to accurately assess the risk and determine the appropriate premium for the policy.
Here are some key factors to consider when underwriting Railroad Protective Liability Coverage:
- Total cost of a project
- Cost of work that occurs within close proximity to railroad property
- Number of tracks near the working area
- Number of freight and passenger trains that pass by on those tracks
- Precise location of the covered project
- Details of what exactly the project entails
Policy Details
A railroad protective liability policy's duration is determined by its individual terms and conditions.
Coverage typically ends when the policy's set expiration date arrives.
The policy's coverage can also expire when the work is completed or the contract terms are fulfilled.
An agent can help businesses determine exactly what will trigger the expiration of their policy's coverage.
Here are the three conditions that can end a railroad protective liability policy's coverage:
- The policy's set expiration date arrives
- The work is completed
- The contract terms are fulfilled
General Coverage and Business Needs
Most contractors who purchase railroad protective liability coverage should keep their general liability in place, as it typically provides protection against a broader range of risks.
Railroad protective liability coverage is usually not intended to replace general liability coverage, so it's essential to maintain both types of coverage.
General liability coverage can provide protection against a wide range of risks, whereas railroad protective liability coverage is often more specialized.
Railroad protective liability coverage is designed to provide protection against specific risks, but it may not cover all potential risks that your business might face.
Here are some key benefits of railroad protective liability coverage:
- Admitted paper in all 50 states
- 24/7 rail claims services
Railroad protective liability coverage is often available on an occurrence basis, with policy periods that span from the project start to end date, up to a maximum of 5 years.
Coverage Highlights
When working with contractors on construction projects near railroads, it's essential to understand the unique insurance requirements. Contractors' general liability policies typically don't cover risks within 50 feet of a railroad, so railroad operators require a Railroad Protective Policy in addition to other insurance requirements.
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Here are some key highlights of Railroad Protective Liability coverage:
- Highly skilled and responsive underwriters specializing in Railroad Protective Liability insurance
- Quote turn around in 24 hours or less with complete application
- Professional claims and loss control team dedicated to the rail practice
This specialized coverage is project-specific and covers bodily injury and property damage arising from job-site operations performed by the designated contractor.
General Coverage Near Work
General liability coverage doesn't usually protect against interruptions in railroad operations, so if you're working near railroad lines, stations, or property, you're likely not covered.
Most general liability policies exclude contract work within a specific proximity, typically 50 feet, of railroad property.
Businesses that perform contract work on or near railroad property in Vermont, including tracks, stations, and railroad-owned land, need railroad protective liability coverage.
Railroads often require a certificate of insurance proving that railroad liability coverage meeting their minimum requirements is in place before issuing contracts.
Contractors may need to obtain multiple certificates of insurance if they're working on multiple projects for different railroads.
Insurance Basics
Insurance is a way to manage risk by transferring the financial burden of potential losses to an insurance company.
Insurance policies typically have a deductible, which is the amount you must pay out of pocket before the insurance company starts covering costs.
The type of insurance you need depends on your specific situation and the level of risk you're willing to take on.
Liability coverage is a type of insurance that protects you from financial losses if you're found responsible for injuring someone or damaging their property.
Railroad protective liability coverage is a specialized type of insurance that protects railroads from financial losses due to accidents or other incidents.
Business Insurance in Vermont
Businesses in Vermont that perform contract work on or near railroad property, such as tracks, stations, and railroad-owned land, need railroad protective liability coverage.
In most cases, businesses that must contract with a railroad are required to carry this coverage to complete their work. Railroads often won't issue contracts until a certificate of insurance proving that railroad liability coverage meeting the railroad's minimum requirements is in place.
A certificate of insurance is a document that shows insurance has been purchased, and an agent can help obtain more copies if businesses need additional certificates.
Frequently Asked Questions
What does OCP insurance cover?
OCP insurance covers bodily injury and property damage, providing financial protection for project owners and contractors alike
Are railroads required to have insurance?
While railroads are not legally required to purchase insurance, most do to mitigate potential risks and liabilities. Typically, rail liability insurance covers damages and injuries resulting from derailments and other accidents.
Sources
- https://www.chubb.com/us-en/business-insurance/railroad-protective-liability.html
- https://www.greatamericaninsurancegroup.com/about-us/business-operations/product/specialty-construction/railroad-protective-liability
- https://www.ecfr.gov/current/title-23/chapter-I/subchapter-G/part-646/subpart-A/section-646.107
- http://rnc-advantageplus.com/rnc-advantageplus/pfm/200/272_0100.HTM
- https://tspeck.com/railroad-protective-liability-insurance-vermont/
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