Section 43 Liability policy for commuter rail service - Massachusetts Statutes

[ First paragraph effective until July 1, 2009. For text effective July 1, 2009, see below.]

  Section 43. Agreements between the authority and a railroad for the provision of commuter 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 name the authority as named insured, and the railroad as an additional insured, shall have policy limits of not less than $75,000,000 per occurrence annually and $75,000,000 in the aggregate annually, and shall be subject to self-insured retention in an amount not less than $7,500,000. In no event shall the authority or the railroad be liable in excess of the coverage limits of such insurance policy for any and all claims for damage, whether compensatory or punitive, for property damage, personal injury, bodily injury and death arising out of such commuter rail service.

[ First paragraph as amended by 2009, 25, Sec. 114 effective July 1, 2009. See 2009, 25, Sec. 185. For text effective until July 1, 2009, see above.]

  Agreements between the authority and a railroad for the provision of commuter 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 name the authority as named insured, and the railroad as an additional insured, shall have policy limits of $75,000,000 per occurrence annually and $75,000,000 in the aggregate annually, and shall be subject to self-insured retention in an amount not less than $7,500,000. In no event shall the authority or the railroad be liable in excess of the coverage limits of such insurance policy for any and all claims for damage, whether compensatory or punitive, for property damage, personal injury, bodily injury and death arising out of such commuter rail service.

[ Second paragraph effective until July 1, 2009. For text effective July 1, 2009, see below.]

  For the purposes of this section, the term "railroad'' shall include any person, railroad corporation or other legal entity in the business of providing rail transportation which contracts with the Massachusetts Bay Transportation Authority for the provision of commuter rail services and the term "commuter rail service'', shall include all services performed by a railroad pursuant to a contract with the Massachusetts Bay Transportation Authority in connection with the transportation of rail passengers including, but not limited to, the operation of trains, trackage and equipment, or the construction, reconstruction or maintenance of railroad equipment, tracks and any appurtenant facilities or the provision of trackage rights over lines owned by any such railroad.

[ Second paragraph as amended by 2009, 25, Sec. 115 effective July 1, 2009. See 2009, 25, Sec. 185. For text effective until July 1, 2009, see above.]

  For the purposes of this section, the term "railroad'' shall include any person, railroad corporation or other legal entity in the business of providing rail transportation which contracts or enters into a legal agreement with the Massachusetts Bay Transportation Authority for the provision or accommodation of commuter rail services. For the purposes of this section, the term "commuter rail services'' shall include all services performed by a railroad pursuant to a contract or any other agreement with the Massachusetts Bay Transportation Authority in connection with the transportation of rail passengers including, but not limited to, the operation of trains, trackage and equipment, or the construction, reconstruction or maintenance of railroad equipment, tracks and any appurtenant facilities or the provision of trackage rights over lines owned by any such railroad.