Railroad Protective Liability Coverage Form Available Endorsements And Their Uses

RAILROAD PROTECTIVE LIABILITY COVERAGE FORM AVAILABLE ENDORSEMENTS AND THEIR USES

(November 2022)

 

 

INTRODUCTION

This listing identifies endorsements that are available to modify the Insurance Services Office (ISO) CG 00 35–Railroad Protective Liability Coverage Form. It is arranged by form number and includes the title and a brief explanation of how each endorsement is used. It does not include any state specific endorsements, changes, or amendments. New endorsements introduced, or endorsements changed in the 04 13 edition and since are in bold print. Of particular interest may be the 1 updated and 5 new endorsements added with a 12 19 edition date.

Note: This article lists but does not otherwise address any of the various ISO Terrorism Endorsements.

Related Article: Terrorism and Insurance

Here are the endorsements available to modify the Insurance Services Office (ISO) CG 00 35–Railroad Protective Liability Coverage Form. It is arranged by form number and title and briefly explains how each endorsement is used. It does not include any state specific endorsements, changes or amendments.

Related Articles:

Terrorism–Insurance Services Office (ISO) Forms

Railroad Protective Liability Coverage Form Endorsements Checklist

FORM NUMBERING

The ten-digit numbering sequence of ISO forms and endorsements has a very specific meaning.

CATEGORIES

Endorsements are grouped in categories according to their purpose as follows:

 

CG 21

Exclusion Endorsements

CG 24

Coverage Modification Endorsements


CG 33 and CG 34

Miscellaneous Endorsements and Exclusions

 

Endorsements changed or new endorsements with the 04 13 edition are in bold print.

 

EXCLUSION ENDORSEMENTS (CG 21)

CG 21 70–Cap on Losses from Certified Acts of Terrorism

Related Article: Terrorism and Insurance

CG 21 71–Exclusion of Other Acts of Terrorism Committed Outside the United States; Cap on Losses from Certified Acts of Terrorism

Related Article: Terrorism and Insurance

CG 21 73–Exclusion of Certified Acts of Terrorism

Related Article: Terrorism and Insurance

CG 21 75–Exclusion of Certified Acts of Terrorism and Other Acts of Terrorism Committed Outside the United States

Related Article: Terrorism and Insurance

CG 21 76–Exclusion of Punitive Damages Related to a Certified Act of Terrorism

Related Article: Terrorism and Insurance

CG 21 80–Certified Acts of Terrorism Aggregate Limit; Cap on Losses from Certified Acts of Terrorism

Related Article: Terrorism and Insurance

CG 21 84–Exclusion of Certified Acts of Nuclear, Biological, Chemical, or Radiological Acts of Terrorism; Cap on Losses from Certified Acts of Terrorism

Related Article: Terrorism and Insurance

CG 21 87–Conditional Exclusion of Terrorism (Relating to Disposition of Federal Terrorism Risk Insurance Act)

Related Article: Terrorism and Insurance

CG 21 88–Conditional Exclusion of Terrorism Involving Nuclear, Biological, or Chemical Terrorism (Relating to Disposition of Federal Terrorism Risk Insurance Act)

Related Article: Terrorism and Insurance

CG 21 90–Exclusion of Terrorism

Related Article: Terrorism and Insurance

CG 21 91–Exclusion of Terrorism Involving Nuclear, Biological, or Chemical Terrorism

Related Article: Terrorism and Insurance

COVERAGE MODIFICATION ENDORSEMENTS (CG 24)

CG 24 01–Non-Binding Arbitration

This endorsement establishes the framework and procedures to use when submitting proceedings to non-binding arbitration.

CG 24 02–Binding Arbitration

This endorsement establishes the framework and procedures to use when submitting proceedings to binding arbitration.

CG 24 04–Waiver of Transfer of Rights of Recovery Against Others to Us (12 19 change)

This endorsement amends Section IV–Conditions 8. Transfer of Rights of Recovery Against Others to Us. The insurance company waives its rights of recovery against the party on the endorsement schedule but only if the insured had waived such rights prior to the loss. There is NO requirement that the waiver be in writing.

Note: This endorsement can be used, or the insured can waive, in writing, rights to the same individuals without the need of this endorsement. The insured can waive any and all its rights to recovery from anyone as long as such waivers are in writing and are provided PRIOR to a loss.

CG 24 14–Waiver of Governmental Immunity (04 13 addition)

This endorsement states that the insurance company agrees to not exercise an insured’s governmental immunity in both adjusting and defending claims. The insured still has the right to request the carrier to claim the immunity but must do so in writing.

MISCELLANEOUS ENDORSEMENTS AND EXCLUSIONS (CG 33, 34)

CG 33 71–Silica or Silica-related Dust Exclusion

This endorsement excludes liability coverage for losses that arise out of any aspect or element of silica or silica-related dust. It also defines Silica and Silica-Related Dust.

CG 34 21–Unmanned Aircraft (12 19 addition)

(Use with CG 00 35

This endorsement adds a specific exclusion to eliminate coverage for all unmanned aircraft. The term unmanned aircraft is defined.

CG 34 22–Limited Coverage for Designated Unmanned Aircraft (12 19 addition)

(Use with CG 00 35)

This endorsement is identical to CG 34 21 above except that scheduled unmanned aircraft are excepted from the exclusion for the scheduled project. The exception is subject to the Unmanned Aircraft Liability Aggregate Limit scheduled on the endorsement. This limit is not additional limits but instead is subject to the policy occurrence and the general aggregate limits.

CG 34 31–Exclusion - Cross Suits Liability (12 19 addition)

(Use with CG 00 35)

This endorsement applies only when there are multiple named insureds. Any suit brought by one named insured against another named insured is not covered.

CG 34 48–Cannabis Exclusion (12 19 addition)

(Use with CG 00 35)

Damages due the bodily injury or property damage that is the result of cannabis are not covered. Property damage to cannabis is also not covered. This is a very broad exclusion. The only exception is when a contractor, designated employee, an insured or others for whom the contractor or named insured is responsible cause such damages while under the influence of cannabis. The exception does not apply if the cannabis was supplied by the named insured, designated employee or contractor.

Note: Some wording in the endorsement regarding the exception is not clear.

CG 34 49–Cannabis Exclusion with Hemp Exception (12 19 addition)

(Use with CG 00 35)

This endorsement is identical to CG 34 48 except for an exception for certain types of hemp-related products.