Frequently Asked Questions
A - The RPL Program is designed for projects with less than
$10,000,000 in total job cost. Overhead and Underground wire
and pipe installation is one category that is easily included.
The other area is for Construction, other than wire and pipe
installation. This area will include the following: Building
repair and maintenance, parking lot construction, weed control
and general landscaping and lawn services. Signal repair or
installation, bridge painting, installation and maintenance of
grade crossings, rock scaling, spur and sidetrack construction,
maintenance and repair. Survey work, test borings, inspections
and other similar types of related projects. If your job sits
outside the program parameters RAILROAD PROTECTIVE SOLUTIONS has
other markets available to assist with all of your RPL needs.
For the link to this application please click here. After
completion of this application please forward to RAILROAD
PROTECTIVE SOLUTIONS by mail, fax, or through e-mail. Please
call with any questions you may have. Phone:
(877) 551-1677 Fax: (888) 972-7831 Email:
RPL@RailroadProtectiveSolutions.com
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A - Coverage may be obtained through the Program offered
by RAILROAD PROTECTIVE SOLUTIONS at a competitive price and a
simple process. This can be done on line, or through the
mail. RAILROAD PROTECTIVE SOLUTIONS will provide the Railroad
with the paperwork that they require (certificate) showing the
coverage has been purchased by the Contractor for the specific
job and location. In some cases, the contractor may wish to
obtain coverage through their CGL insurance company. If this is
the case, the contractor should contact their insurance broker,
but in many situations the insurance carrier cannot or will not
provide the required coverage at the same low rate as can be
provided through a “program”.
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A - Evidence of coverage will be provided direct to the
specific Railroad Project Manager or Engineer that the
contractor is working with to obtain their Right of Entry. The
quick one page application can be completed and either mailed
with a check or submitted with electronic payment direct to
RAILROAD PROTECTIVE SOLUTIONS. Upon receipt of the complete
application and premium payment the required documentation will
be provided to the Railroad and the contractor can proceed with
obtaining right of entry from the Railroad and begin work.
For our application please
Click Here.
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A - First, review the application form or refer to the
“Does this job qualify?” section of the FAQ. You can then
determine if your job will fit within the parameters provided –
and in the event your project falls outside of this area,
RAILROAD PROTECTIVE SOLUTIONS can provide coverage through one
of our other markets. Again, we have a quick one page
application form that can be completed and e-mailed to RAILROAD
PROTECTIVE SOLUTIONS Risk Management for a 24 hour turn around.
Upon your acceptance of the quote that will be provided back to
the contractor, and receipt of premium payment, the required
documentation will be provided and the contractor can proceed
with obtaining right of entry from the Railroad and begin work.
For our application please
Click Here.
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A - Railroad Protective is a special type of liability
insurance. It is required when a project takes place on or near
railroad tracks and protects the Railroad from claims arising
due to the work performed by the contractor. This is a policy
that is issued in the name of the railroad only and provides no
protection for the contractor. The railroad requires the
contractor to assume the cost of the railroad's liability from
the acts or omissions arising out of the “work” performed by the
contractor at the “job location”.
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A - The Railroad Protective Policy is not a replacement for
liability insurance for contractors. Every independent railroad
contractor should have a Commercial General Liability (CGL)
insurance policy with endorsements that delete any restrictions
for indemnity for work performed within 50 feet of the railroad
or railroad property. It is not unusual for both the contractor
and the railroad to be named in a suit from an injured third
party, if the injury or damage arises from the contractor's work
at the job location. The same suit might allege that the
contractor was negligent in the way he performed his work, and
that the railroad was negligent in supervising the work of its
independent contractor. In this case, the contractor's CGL
policy should defend the contractor, and the RPL policy will
defend the railroad.
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A - Yes. Every operating railroad has some form of
operating liability insurance protection. The Railroad
Protective only protects the railroad from liability associated
with specific work (including specific contractor), at a
specific job location. The RPL policy does not provide coverage
for any liability that is not somehow connected with the work at
the job that is being performed, and is so designated on the
Policy. This is project-specific and not just a
premises-and-operations policy for the railroad.
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A - The Railroad could insure this exposure under their own
insurance policies, but that may drive up the cost of the
railroad's own liability insurance. In general, the Railroads
have very high deductibles or retentions that may impose heavy
financial obligations upon them in the event of a claim,
particularly if it involves a contractor on their property. The
railroad can choose to transfer its risks contractually through
indemnity agreements, and also require special conditions and
limits from the contractor's own liability insurance. Under this
scenario the railroad is relying solely on the contractor and
the contractor's insurance to protect it. What if the contractor
defaults, or has its insurance canceled, or limits through
claims at other project locations. For all of the above reasons,
it is best to incorporate a combination of contractual
indemnification and a specific, stand-alone policy, written for
the specific project that a specific contractor will performs.
The Railroad Protective Policy is the insurance mechanism that
handles this liability exposure for the Railroad.
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A - No. Coverage for the railroad ceases when the
contractor has completed the work. The policy is very specific
about what constitutes completed work. Therefore, no coverage
for completed operations for any party is provided by this
policy. The contractor's own Commercial General Liability policy
should protect it against claims arising out of completed work.
The railroads operating liability coverage should protect it
from any claims made against it for injuries or damages.
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A - This will be determined by the Railroad Project Manager
or Engineer in charge of your right of entry, not by RAILROAD
PROTECTIVE SOLUTIONS. If there is more than one project or
folder number assigned by the Railroad, they are considering
your work as more than one “job”. When this is the case, they
will require Railroad Protective be purchased and provided for
EACH identified job. If you are doing work at multiple Railroad
sites, under only one project or folder number, the Railroad is
considering this as “one job” and only one policy will be
required.
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