RAILROAD PROTECTIVE LIABILITY COVERAGE FORM ELIGIBILITY

(November 2019)

ELIGIBILITY

Insurance Services Office (ISO) CG 00 35–Railroad Protective Liability Coverage Form does not have any stated eligibility requirements or specific references with respect to whether it applies to a given operation or business. Contractual requirements determine when the coverage this form provides is needed. Its use, definitions and coverages are limited to railroad property. As a result, the named insured must be a railroad. The contractor that performs work on or near railroad property purchases the coverage on behalf of the railroad.

SPECIAL CONDITIONS

CG 00 35 may not be written in conjunction with any other coverage form or policy. It must be written on a monoline basis because its provisions are not compatible with other coverage forms or policies. This is most apparent regarding the responsibility of the named insured.

Example:
Policy Obligation	All Policies Except Railroad Protective Policy	Railroad Protective Policy
Paying Policy Premium	Paid by the named insured	Paid by the entity performing work on or near the named insured railroad’s property
Paying Audit Premium	Paid by the named insured	Paid by the entity performing work on or near the named insured railroad’s property

The above example illustrates one reason that IL 00 17–Common Policy Conditions is not used with CG 00 35 as it is with most other coverage forms and policies. Any attempt to combine the coverage provided by the CG 00 35 with any other coverage form or policy would create conflicting and unacceptable directions for the insured.