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28 Jul, 2016

Railroad Insurance – Derailment Covered!

2018-05-24T21:03:25-05:00July 28th, 2016|Additional insured coverage, Midwest Insurance Law Guide, Property and casualty, Railroad indemnity|

Like Peanut butter and Chocolate! Like Strawberries & Cream! Like Rum and Cokes at midnight on a hot summer night in the late 70's when cute boys with collar length hair who smelled faintly of Brut were driving muscle cars with one hand, taking a long drag on a Salem with the other, and searching for their favorite Eagles or Head East song on the A.M. radio station while I was happy in the passenger seat wearing [...]

13 Jul, 2013

ADDITIONAL INSUREDS: KNOW YOUR STATE LAWS!

2018-04-23T20:59:44-05:00July 13th, 2013|Additional insured coverage, Contract liability coverage, Midwest Insurance Law Guide, Policyholder, Railroad indemnity|

6 STATES BAR CONTRACTUAL INDEMNITY FOR ADDITIONAL INSUREDS Colorado.  See, Colo. Stat.  § 13-21-111.5  (except for railroads); Georgia.  See, Ga. Code § 13-8-2  (but allows hold harmless clauses in an insuring contract); Montana.  See, Mont. Rev. Code § 28-2-2111; New Mexico.  See, N.M. Stat. § 56-7-1 (prohibits requirements to "insure or defend" but allows OCIP and limited indemnity clauses); Oklahoma.   See, Okla. Stat. § 15-221; Oregon.   See, Or. Rev. Stat.  §30.140  (prohibits subcontractor's [...]

24 May, 2013

4 TIMES WHEN YOU SHOULD ARGUE FOR YOUR CHOICE OF INSURANCE COUNSEL

2018-04-23T20:59:44-05:00May 24th, 2013|Commercial General Liability (CGL), Complex insurance coverage, Midwest Insurance Law Guide, Product liability, Railroad indemnity|

Sometimes a policyholder can insist upon his own choice of defense counsel.  And submit the bill to the carrier to pay.  I highly recommend this practice, especially in cases where a sophisticated defense is needed such as railroad, products liability, and airplane lawsuits.  Here are four situations when choice of counsel is warranted: 1.     The insurer has waived its right to select counsel.  Courts are almost universal in finding a conflict of interest arises  [...]

15 Mar, 2013

3 STEPS TO RAILROAD RISK TRANSFERENCE

2018-04-23T20:59:45-05:00March 15th, 2013|Additional insured coverage, Indemnity clauses, Insurance contract, Midwest Insurance Law Guide, Railroad endorsement, Railroad indemnity, Railroad protective insurance coverage, Risk transference|

There are three essential steps to railroad risk transference through insurance: 1.     Add an indemnity clause to all contracts making clear that you are asking for indemnity for the contractor's or vendor's negligence.   If you do intend to seek indemnity for the railroad's negligence too, this language needs to be clear and unequivocal in order to adhere to most states' requirements.  Not all states allow exculpatory indemnity.  (I will write more about this later.  [...]

7 Mar, 2013

WHAT RAILROADS SHOULD KNOW ABOUT BEING AN ADDITONAL INSURED BY CONTRACT

2018-04-23T20:59:45-05:00March 7th, 2013|Additional insured coverage, Commercial General Liability (CGL), Contract liability coverage, Indemnity clauses, Midwest Insurance Law Guide, Railroad endorsement, Railroad indemnity|

Railroads can be covered for losses caused in whole or in part by a contractor.  If a railroad is added to the contractor’s Commercial General Liability (CGL) insurance policy as an additional insured, all losses which arise out of the contractor’s work should be covered. The case of Cont’l Cas. Co. v. Auto-Owners Ins. Co., 238 F.3d 941, 944 (8th Cir. 2000) explains this concept of risk transference.  There, Burlington Northern R.R. Co. contracted with [...]