FAQ
- Does this job qualify for the "Program?"
- Where does the contractor get the RPL policies and/or quotations for RPL insurance?
- How Quickly can the Railroad Protective be turned around - How fast can the Certificate be issued and provided to the Railroad for right of entry?
- What is a Railroad Protective Liability?
- What if the Contractor gets sued? Does this policy protect the contractor?
- Do railroads have any unsurance other than Railroad Protective?
- If the contractor has insurance and the railroad has insurance, why do they need the RPL policy?
- Does the Railroad Protective Policy continue when the work is complete?
- If there is more than one contract and more than one job being performed, do I have to purchase Railroad Protective Liability for each one?
- If the work being performed involves more than just one of the selections under Program 1, what do we need to purchase to meet the Railroad requirements?
- Can more than one railroad be shown as named insured?
- On the railroad crossing liability (RPL), can the property owner be added as an additional insured?
Q - Does this job qualify for the "Program"?
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. To review the "Program Guidelines" just click here. 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.
Q - Where does the contractor get the RPL policies and/or quotations for RPL insurance?
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 paper work 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 situation the insurance carrier cannot or will not provide the required coverage at the same low rate as can be provided through a "program".
Q - How quickly can the Railroad Protective be turned around – How fast can the Certificate be issued and provided to the Railroad for right of entry?
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.
To go to our RPL Application click here.
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 easy application form that can be completed and submitted to RAILROAD PROTECTIVE SOLUTIONS for a quick turn around. Upon your request to bind coverage as quoted we will process the necessary documentation to the Railroad that will allow the contractor to proceed with obtaining right of entry from the Railroad and begin work.
To go to our RPL Application click here.
Q - What is a Railroad Protective Liability?
A - Railroad Protective Liability 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 purchase protection for the railroad's liability arising from the acts or omissions as a result of of the "work" performed by the contractor at the designated "job location". Refer to the RPL Coverage Document for further information on RPL’s. Click here
Q - What if the contractor gets sued? Does this policy protect the contractor?
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.
Q – Do railroads have any insurance other than Railroad Protective?
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.
Q - If the contractor has insurance and the railroad has insurance, why do they need the RPL policy?
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 are eroded 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.
Q - Does the Railroad Protective Policy continue when the work is complete?
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.
Q - If there is more than one contract and more than one job being performed, do I have to purchase Railroad Protective Liability for each one?
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 Liability to 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.
Q - If the work being performed involves more than just one of the selections under Program 1, what do we need to purchase to meet the Railroad requirements?
A - If you are performing both an underground installation and an overhead installation, both under one right of entry / contract number with the Railroad, you will use only the highest rate option. You will only have to purchase one RPL for the single project and pay only one flat rate.
Q - Can more than one railroad be shown as named insured?
A - It depends on what the contract requirements state.
Q - On the railroad crossing liability (RPL), can the property owner be added as an additional insured?
A - No. the property owner needs to address how to cover their exposure for liability insurance with their insurance agent. The railroad is the only named insured and the only entity covered on the cross liability RPL.
