The sidetrack agreement is an agreement between a landowner and a railway company that adds specific exclusions to the coverage of liability insurance. The “Sidetrack” refers to a vast expanse of railway tracks that run through the land owner`s country. Liability insurance protects a company`s assets, such as for example. B a railway company, by paying insurance fees and legal fees. The provisions of a secondary track agreement limit the liability of the railway company. The sidetrack agreement is a kind of insured contract. Other types of insurance contracts are rental contracts, elevator maintenance contracts, the indemnification obligations of a municipality and the assumption of criminal liability for another party in a contract or contract to pay duties to a third party. The parties to an insured contract undertake to assume certain debts, even if the protection against these commitments is included in the “Hold Harmless” provision of a commercial contract. An insured contract invalidates such a provision.
Sidetrack agreements are concluded when the design of a railway system concerns private property. The representatives of the railway company will contact the owner of the land to ask for permission to build a secondary track on their land in return for financial compensation. When a railway builds a secondary track on a landowner`s land, the railway and the landowner usually establish a secondary track agreement – a contract that defines each party`s responsibilities for the line. This agreement plays a key role in determining liability in the event of an accident on the secondary line. A secondary track is a railway line that forks off from the main track of a railway. It is different from a siding, a section of track parallel to the main track and used to park cars or pass trains on the same track. On the other hand, a sidetrack “goes somewhere”. Sidetracks typically take place on private land, allowing companies that send and receive shipments by rail to make freight directly on their land and not in a depot. Under a secondary track agreement, a landowner agrees not to sue the railway company for accidents, bodily injury or property damage related to the secondary track. The secondary track, also called “Sporn”, placed on private land, can be an access road or a transfer used by the railway company.
A private landowner may receive financial compensation in exchange for the use of his country. Local governments enter into ancillary agreements to provide the necessary rail services to cities and municipalities. Governments and railway companies use sidetrack to record asset ownership, financial aspects of the agreement as well as maintenance and other property management tasks. Under a typical secondary line agreement, a landowner agrees to take responsibility for accidents on the secondary line. This includes both claims in kind and assaults. In other words, if a train on the side track hits someone or something, it is the landlord`s insurer, not the railway insurer who is on the hook. Landowner liability insurance should relate to the secondary track agreement if you give details about the landowner`s coverage. The contractual liability regime included in civil liability insurance protects the insured against certain debts contracted in a contract with indemnification provisions.
For example, a landscaping company mandated by the land owner signs a contract in which it agrees to “keep unharmed” the land owner and the railway company for injuries that occur on the construction site. . . .