Railroad Protective Liability Question

Is railroad protective liability coverage built into the standard CGL coverage form, or is it excluded by the language in the definition of insured contract?

North Carolina Subscriber

The CGL form excludes the indemnification of a railroad for bodily injury or property damage that arises out of construction or demolition work within fifty feet of any railroad property or affecting railroad property. This is due to the language in the definition of an insured contract, and of course, the CGL form excludes coverage for claims arising out of the assumption of liability by the insured in a contract unless that contract meets the definition of an insured contract. So, railroad protective liability insurance is necessary if the insured has to indemnify a railroad due to the insured's operations.

The CGL form will not provide such coverage. The insured will need CG 00 35, the standard railroad protective liability coverage form or some similar company-specific form.

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