§ 160A‑626. Limitations on rail transportationliability.
(a) As used in this section:
(1) "Claim" means a claim, action, suit, or requestfor damages, whether compensatory, punitive, or otherwise, made by any personor entity against:
a. The Authority, a railroad, or an operating rights railroad;or
b. An officer, director, trustee, employee, parent, subsidiary,or affiliated corporation as defined in G.S. 105‑130.6, or agent of: theAuthority, a railroad, or an operating rights railroad.
(2) "Operating rights railroad" means a railroadcorporation or railroad company that, prior to January 1, 2001, was grantedoperating rights by a State‑Owned Railroad Company or operated over theproperty of a State‑Owned Railroad Company under a claim of right over oradjacent to facilities used by or on behalf of the Authority.
(3) "Passenger rail services" means the transportationof rail passengers by or on behalf of the Authority and all services performedby a railroad pursuant to a contract with the Authority in connection with thetransportation of rail passengers, including, but not limited to, the operationof trains; the use of right of way, trackage, public or private roadway andrail crossings, equipment, or station areas or appurtenant facilities; thedesign, construction, reconstruction, operation, or maintenance of rail relatedequipment, tracks, and any appurtenant facilities; or the provision of accessrights over or adjacent to lines owned by the Authority or a railroad, orotherwise occupied by the Authority or a railroad, pursuant to charter grant,fee simple deed, lease, easement, license, trackage rights, or other form ofownership or authorized use.
(4) "Railroad" means a railroad corporation orrailroad company, including a State‑Owned Railroad Company as defined inG.S. 124‑11, that has entered into any contracts or operating agreementsof any kind with the Authority concerning passenger rail services.
(b) Contracts Allocating Financial Responsibility Authorized. The Authority may contract with any railroad to allocate financialresponsibility for passenger rail services claims, including, but not limitedto, the execution of indemnity agreements, notwithstanding any other statutory,common law, public policy, or other prohibition against same, and regardless ofthe nature of the claim or the conduct giving rise to such claim.
(c) Insurance Required.
(1) If the Authority enters into any contract authorized bysubsection (b) of this section, the contract shall require the Authority tosecure and maintain, upon and after the commencement of the operation of trainsby or on behalf of the Authority, a liability insurance policy covering theliability of the parties to the contract, a State‑Owned Railroad Companyas defined in G.S. 124‑11 that owns or claims an interest in any realproperty subject to the contract, and any operating rights railroad for allclaims for property damage, personal injury, bodily injury, and death arisingout of or related to passenger rail services. The policy shall name the partiesto the contract, a State‑Owned Railroad Company as defined in G.S. 124‑11that owns or claims an interest in any real property subject to the contract,and any operating rights railroad as named insureds and shall have policylimits of not less than two hundred million dollars ($200,000,000) per singleaccident or incident, and may include a self insured retention in an amount ofnot more than five million dollars ($5,000,000).
(2) If the Authority does not enter into any contract authorizedby subsection (b) of this section, upon and after the commencement of theoperation of trains by or on behalf of the Authority, the Authority shallsecure and maintain a liability insurance policy, with policy limits and a self‑insuredretention consistent with subdivision (1) of this subsection, for all claimsfor property damage, personal injury, bodily injury, and death arising out ofor related to passenger rail services.
(d) Liability Limit. The aggregate liability of the Authority,the parties to the contract or contracts authorized by subsection (b) of thissection, a State‑Owned Railroad Company as defined in G.S. 124‑11,and any operating rights railroad for all claims arising from a single accidentor incident related to passenger rail services for property damage, personalinjury, bodily injury, and death is limited to two hundred million dollars($200,000,000) per single accident or incident or to any proceeds availableunder any insurance policy secured pursuant to subsection (c) of this section,whichever is greater.
(e) Effect on Other Laws. This section shall not affect thedamages that may be recovered under the Federal Employers' Liability Act, 45U.S.C. § 51, et seq., (1908); or under Article 1 of Chapter 97 of the GeneralStatutes. (2002‑78, s. 1.)
§ 160A‑626. Limitations on rail transportationliability.
(a) As used in this section:
(1) "Claim" means a claim, action, suit, or requestfor damages, whether compensatory, punitive, or otherwise, made by any personor entity against:
a. The Authority, a railroad, or an operating rights railroad;or
b. An officer, director, trustee, employee, parent, subsidiary,or affiliated corporation as defined in G.S. 105‑130.6, or agent of: theAuthority, a railroad, or an operating rights railroad.
(2) "Operating rights railroad" means a railroadcorporation or railroad company that, prior to January 1, 2001, was grantedoperating rights by a State‑Owned Railroad Company or operated over theproperty of a State‑Owned Railroad Company under a claim of right over oradjacent to facilities used by or on behalf of the Authority.
(3) "Passenger rail services" means the transportationof rail passengers by or on behalf of the Authority and all services performedby a railroad pursuant to a contract with the Authority in connection with thetransportation of rail passengers, including, but not limited to, the operationof trains; the use of right of way, trackage, public or private roadway andrail crossings, equipment, or station areas or appurtenant facilities; thedesign, construction, reconstruction, operation, or maintenance of rail relatedequipment, tracks, and any appurtenant facilities; or the provision of accessrights over or adjacent to lines owned by the Authority or a railroad, orotherwise occupied by the Authority or a railroad, pursuant to charter grant,fee simple deed, lease, easement, license, trackage rights, or other form ofownership or authorized use.
(4) "Railroad" means a railroad corporation orrailroad company, including a State‑Owned Railroad Company as defined inG.S. 124‑11, that has entered into any contracts or operating agreementsof any kind with the Authority concerning passenger rail services.
(b) Contracts Allocating Financial Responsibility Authorized. The Authority may contract with any railroad to allocate financialresponsibility for passenger rail services claims, including, but not limitedto, the execution of indemnity agreements, notwithstanding any other statutory,common law, public policy, or other prohibition against same, and regardless ofthe nature of the claim or the conduct giving rise to such claim.
(c) Insurance Required.
(1) If the Authority enters into any contract authorized bysubsection (b) of this section, the contract shall require the Authority tosecure and maintain, upon and after the commencement of the operation of trainsby or on behalf of the Authority, a liability insurance policy covering theliability of the parties to the contract, a State‑Owned Railroad Companyas defined in G.S. 124‑11 that owns or claims an interest in any realproperty subject to the contract, and any operating rights railroad for allclaims for property damage, personal injury, bodily injury, and death arisingout of or related to passenger rail services. The policy shall name the partiesto the contract, a State‑Owned Railroad Company as defined in G.S. 124‑11that owns or claims an interest in any real property subject to the contract,and any operating rights railroad as named insureds and shall have policylimits of not less than two hundred million dollars ($200,000,000) per singleaccident or incident, and may include a self insured retention in an amount ofnot more than five million dollars ($5,000,000).
(2) If the Authority does not enter into any contract authorizedby subsection (b) of this section, upon and after the commencement of theoperation of trains by or on behalf of the Authority, the Authority shallsecure and maintain a liability insurance policy, with policy limits and a self‑insuredretention consistent with subdivision (1) of this subsection, for all claimsfor property damage, personal injury, bodily injury, and death arising out ofor related to passenger rail services.
(d) Liability Limit. The aggregate liability of the Authority,the parties to the contract or contracts authorized by subsection (b) of thissection, a State‑Owned Railroad Company as defined in G.S. 124‑11,and any operating rights railroad for all claims arising from a single accidentor incident related to passenger rail services for property damage, personalinjury, bodily injury, and death is limited to two hundred million dollars($200,000,000) per single accident or incident or to any proceeds availableunder any insurance policy secured pursuant to subsection (c) of this section,whichever is greater.
(e) Effect on Other Laws. This section shall not affect thedamages that may be recovered under the Federal Employers' Liability Act, 45U.S.C. § 51, et seq., (1908); or under Article 1 of Chapter 97 of the GeneralStatutes. (2002‑78, s. 1.)
§ 160A‑626. Limitations on rail transportationliability.
(a) As used in this section:
(1) "Claim" means a claim, action, suit, or requestfor damages, whether compensatory, punitive, or otherwise, made by any personor entity against:
a. The Authority, a railroad, or an operating rights railroad;or
b. An officer, director, trustee, employee, parent, subsidiary,or affiliated corporation as defined in G.S. 105‑130.6, or agent of: theAuthority, a railroad, or an operating rights railroad.
(2) "Operating rights railroad" means a railroadcorporation or railroad company that, prior to January 1, 2001, was grantedoperating rights by a State‑Owned Railroad Company or operated over theproperty of a State‑Owned Railroad Company under a claim of right over oradjacent to facilities used by or on behalf of the Authority.
(3) "Passenger rail services" means the transportationof rail passengers by or on behalf of the Authority and all services performedby a railroad pursuant to a contract with the Authority in connection with thetransportation of rail passengers, including, but not limited to, the operationof trains; the use of right of way, trackage, public or private roadway andrail crossings, equipment, or station areas or appurtenant facilities; thedesign, construction, reconstruction, operation, or maintenance of rail relatedequipment, tracks, and any appurtenant facilities; or the provision of accessrights over or adjacent to lines owned by the Authority or a railroad, orotherwise occupied by the Authority or a railroad, pursuant to charter grant,fee simple deed, lease, easement, license, trackage rights, or other form ofownership or authorized use.
(4) "Railroad" means a railroad corporation orrailroad company, including a State‑Owned Railroad Company as defined inG.S. 124‑11, that has entered into any contracts or operating agreementsof any kind with the Authority concerning passenger rail services.
(b) Contracts Allocating Financial Responsibility Authorized. The Authority may contract with any railroad to allocate financialresponsibility for passenger rail services claims, including, but not limitedto, the execution of indemnity agreements, notwithstanding any other statutory,common law, public policy, or other prohibition against same, and regardless ofthe nature of the claim or the conduct giving rise to such claim.
(c) Insurance Required.
(1) If the Authority enters into any contract authorized bysubsection (b) of this section, the contract shall require the Authority tosecure and maintain, upon and after the commencement of the operation of trainsby or on behalf of the Authority, a liability insurance policy covering theliability of the parties to the contract, a State‑Owned Railroad Companyas defined in G.S. 124‑11 that owns or claims an interest in any realproperty subject to the contract, and any operating rights railroad for allclaims for property damage, personal injury, bodily injury, and death arisingout of or related to passenger rail services. The policy shall name the partiesto the contract, a State‑Owned Railroad Company as defined in G.S. 124‑11that owns or claims an interest in any real property subject to the contract,and any operating rights railroad as named insureds and shall have policylimits of not less than two hundred million dollars ($200,000,000) per singleaccident or incident, and may include a self insured retention in an amount ofnot more than five million dollars ($5,000,000).
(2) If the Authority does not enter into any contract authorizedby subsection (b) of this section, upon and after the commencement of theoperation of trains by or on behalf of the Authority, the Authority shallsecure and maintain a liability insurance policy, with policy limits and a self‑insuredretention consistent with subdivision (1) of this subsection, for all claimsfor property damage, personal injury, bodily injury, and death arising out ofor related to passenger rail services.
(d) Liability Limit. The aggregate liability of the Authority,the parties to the contract or contracts authorized by subsection (b) of thissection, a State‑Owned Railroad Company as defined in G.S. 124‑11,and any operating rights railroad for all claims arising from a single accidentor incident related to passenger rail services for property damage, personalinjury, bodily injury, and death is limited to two hundred million dollars($200,000,000) per single accident or incident or to any proceeds availableunder any insurance policy secured pursuant to subsection (c) of this section,whichever is greater.
(e) Effect on Other Laws. This section shall not affect thedamages that may be recovered under the Federal Employers' Liability Act, 45U.S.C. § 51, et seq., (1908); or under Article 1 of Chapter 97 of the GeneralStatutes. (2002‑78, s. 1.)
