Section 238-A:18 Liability Policy for Passenger Service.
I. Agreements for the provision of passenger rail service shall provide for securing and maintaining a liability insurance policy covering the liability of the railroad for property damage, personal injury, bodily injury, and death arising out of such rail service. Such policy shall:
(a) Have policy limits of not less than $75,000,000 per occurrence annually and $75,000,000 in the aggregate annually.
(b) Be subject to self-insured retention in an amount not less than $7,500,000, to be allocated in accordance with the agreement between the railroad and the state.
II. In no event shall the railroad be liable in excess of the coverage limits of such insurance policy for any claim for damage, whether compensatory or punitive, for property damage, personal injury, and death arising out of such passenger rail service.
III. Nothing in this section shall constitute a waiver of the sovereign immunity of the state.
Source. 2008, 180:2, eff. Aug. 10, 2008. 2009, 150:8, 9, eff. July 8, 2009.