CHAPTER 180
HB 1404-FN – FINAL VERSION
2008 SESSION
06/01
HOUSE BILL 1404-FN
AN ACT relative to liability insurance for passenger rail service.
SPONSORS: Rep. Leishman, Hills 6; Rep. Lasky, Hills 26; Rep. Bergin, Hills 6; Rep. Ryan, Merr 2
This bill requires the New Hampshire rail transit authority to secure and maintain a liability insurance policy for passenger rail service.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
08-2623
06/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eight
AN ACT relative to liability insurance for passenger rail service.
Be it Enacted by the Senate and House of Representatives in General Court convened:
180:1 New Paragraphs; Definitions. Amend RSA 238-A:1 by inserting after paragraph V the following new paragraphs:
VI. “Passenger rail service” means all services performed by a railroad pursuant to a contract with the authority in connection with the transportation of rail passengers including, but not limited to:
(a) The operation of trains, trackage, and equipment.
(b) The construction, reconstruction, or maintenance of railroad equipment, tracks, and appurtenant facilities.
(c) The provision of trackage rights over lines owned by any such railroad.
VII. “Railroad” means any person, railroad corporation, or other legal entity in the business of providing rail transportation which contracts with the authority for the provision of passenger rail services.
180:2 New Section; Liability Policy for Passenger Rail Services. Amend RSA 238-A by inserting after section 17 the following new section:
238-A:18 Liability Policy for Passenger Service.
I. Agreements between the authority and a railroad for the provision of passenger rail service shall provide that the authority shall secure and maintain a liability insurance policy covering the liability of the authority and the railroad for property damage, personal injury, bodily injury, and death arising out of such commuter rail service. Such policy shall:
(a) Name the authority as named insured, and the railroad as an additional insured.
(b) Have policy limits of not less than $75,000,000 per occurrence annually and $75,000,000 in the aggregate annually.
(c) Be subject to self-insured retention in an amount not less than $7,500,000, ½ applicable to the operating railroad, whether public or private, and ½ applicable to the authority.
II. In no event shall the authority or the railroad be liable in excess of the coverage limits of such insurance policy for any claim for damage, whether compensatory or punitive, for property damage, personal injury, and death arising out of such passenger rail service.
180:3 Effective Date. This act shall take effect 60 days after its passage.
Approved: June 11, 2008
Effective Date: August 10, 2008