Legal Issues with Obtaining Insurance for Large Transit Projects (2014) / Chapter Skim
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Pages 42-54
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42 restrain trade and commerce. The companies involved with Marsh included American International Group, ACE Ltd., Hartford Financial Services Group, and Munich-America Risk Partners.
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43 Transit Project ($2.058 billion) to build an 8.5-mi light rail line, stations, fixed guideway, new rail cars, and rail maintenance yards, scheduled to open in 2019.
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44 as insureds on the policy. The change order will reimburse the contractor only for insurance premiums.
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45 Such provisions are against public policy and void and unenforceable. The code mandates that an owner cannot be indemnified for the owner's active negligence.
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46 agreement with Liberty Mutual. The agreement insures third-party contractors and NYMTA and all of its subsidiaries up to $300 million for workers' compensation and general liability.
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47 Services, licensed by the New York Department of Financial Services.116 Recently, FMTAC played a vital role in recovering from damage caused by Hurricane Sandy. Hurricane Sandy made landfall with a record storm surge of nearly 14 ft, which produced flooding in low-lying areas near the East River.
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48 platforms, new power systems, a unit substation, improved egress, Americans with Disabilities Act (ADA) compliance, and code and safety updates.
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49 8. How Is the MBTA's Insurance Purchased?
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50 with the contractor responsible for its own insurance and adding ST as an additional insured on its general liability and contractor's pollution liability policies, as a risk-transfer mechanism, or the use of a CIP, preferably an OCIP. The project delivery approach used on certain projects is determined by the type of project.
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51 CCIPs and does not advocate their use on ST projects. The main reason is that ST chooses to maintain control of the claims administration process for third-party CGL claims for alleged bodily injury or property damage by the general public.
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52 environmental coverage.123 In addition, for ST to operate its Sounder commuter rail trains on BNSF Railway's right-of-way, ST has a stringent agreement with BNSF, which includes maintaining a minimum rail liability insurance limit of $200 million.
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53 underwriters would not provide bids for alternate insurance coverage on the same projects. SFMTA is still evaluating the benefits of an OCIP program compared to the cost of the traditional insurance programs.
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54 exceeded the estimate due to insurance quotes. The initial station bids were rejected, and the SFMTA combined the station contract work and rebid the project.
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