What it does
The coverage forms' definition of "insured contract" contains exceptions for agreements indemnifying a railroad for construction or demolition operations within 50 feet of railroad property. As a result, indemnity promises in railroad right-of-entry agreements are not covered as contractual liability. CA 20 70 provides that, for the use of a covered auto in operations for or affecting a railroad designated in the schedule at a designated job site, those two exceptions do not apply.
Who needs it
Contractors working on bridges, crossings, utilities or site work next to rail lines, whose railroad agreements require indemnity for the railroad and evidence of auto coverage.
Key points
- Coverage is limited to scheduled railroads and job sites.
- Read the right-of-entry agreement's insurance exhibit for required limits and other coverages.
Quoting notes
Schedule each railroad and site exactly as the agreement names them. Coordinate with the general liability policy's railroad contractual liability endorsement.