§ 9-31-2.1 - Limitation of damages – State – Commuter rail service. - Rhode Island Statutes

SECTION 9-31-2.1

   § 9-31-2.1  Limitation of damages –State – Commuter rail service. – Agreements between the state and a railroad for the provision of commuter railservice shall provide that the state shall secure and maintain a liabilityinsurance policy covering the liability of the state and the railroad forproperty damage, personal injury, bodily injury and death arising out of suchcommuter rail service. Such policy shall name the state as named insured, andthe railroad as an additional insured, shall have policy limits of not lessthan seventy-five million dollars ($75,000,000) per occurrence annually andseventy-five million dollars ($75,000,000) in the aggregate annually, and shallbe subject to self-insured retention in an amount not less than seven millionfive hundred thousand dollars ($7,500,000). In no event shall the state or therailroad be liable in excess of the coverage limits of such insurance policyfor any and all claims for damage, whether compensatory or punitive, forproperty damage, personal injury, bodily injury and death arising out of suchcommuter rail service.

   For the purposes of this section, the term "railroad" shallinclude any person, railroad corporation or other legal entity in the businessof providing rail transportation which contracts with the state for theprovision of commuter rail services and the term "commuter rail service", shallinclude all services performed by a railroad pursuant to a contract with thestate in connection with the transportation of rail passengers including, butnot limited to, the operation of trains, trackage and equipment, or theconstruction, reconstruction or maintenance of railroad equipment, tracks andany appurtenant facilities or the provision of trackage rights over lines ownedby any such railroad.