General Liability · Exclusion / limitation
CG 24 17: Contractual Liability, Railroads
CG 24 17 restores contractual liability coverage that the standard CGL removes for railroad work. The base form's "insured contract" definition carves out easement or license agreements tied to construction or demolition on or within 50 feet of a railroad, and any agreement indemnifying a railroad for construction or demolition within 50 feet of railroad property that affects bridges, trestles, tracks, roadbeds, tunnels, underpasses or crossings. CG 24 17 removes those carve-outs for a scheduled railroad at a designated job site. Railroads and transit agencies require it in right-of-entry agreements, and so should any GC whose subcontractors work near track.
Key facts
CG 24 17
Railroad insured contract
- Form number
- CG 24 17
- Line of business
- General Liability
- Protection
- Exclusion / limitation
- Current edition
- 10 01
- Editions tracked
- 2
- Stance
- Required on some projects or accepted as an equivalent
Pikorua Security reads this form's number, edition stamp and schedule from the endorsement page itself, not the certificate.
Edition history
The edition stamp in the endorsement footer identifies the exact wording. Pikorua Security reads it on every page and compares it with the editions your contract accepts.
| Edition | What changed |
|---|---|
| 10 01Latest | The edition railroad and transit agency insurance specifications cite by number, usually with an "or equivalent" allowance. Schedule fields: the scheduled railroad and the designated job site. |
| Base form context | CG 24 17 replaces the insured contract definition in CG 00 01. When the base form on the policy is a 04 13 or 12 25 edition, confirm the CG 24 17 attached is the version the carrier files with that base form and that the schedule entries are specific. |
Legal purpose and coverage scope
Coverage A of CG 00 01 excludes liability assumed by contract, with an exception for liability assumed in an "insured contract." The definition of insured contract includes easement and license agreements and agreements in which the insured assumes another party's tort liability, but it carves out railroad work twice: easement or license agreements in connection with construction or demolition on or within 50 feet of a railroad, and indemnity of a railroad for construction or demolition within 50 feet of railroad property that affects track structures and crossings.
Railroad right-of-entry agreements and flagging permits almost always include broad indemnity running to the railroad. Without CG 24 17, that indemnity is uninsured contractual liability under the contractor's CGL. CG 24 17 replaces the definition for operations performed for, or affecting, the railroad shown in the schedule at the designated job site, so the indemnity becomes an insured contract and the defense-of-indemnitee provisions in Supplementary Payments can respond. The professional services carve-outs for architects, engineers and surveyors stay in place.
CG 24 17 does not make the railroad an insured. Railroads separately require a Railroad Protective Liability policy (ISO CG 00 35) issued in the railroad's name for the project. The two are complementary: RPL protects the railroad directly, and CG 24 17 keeps the contractor's indemnity promise insured.
How CG 24 17 behaves in a tender or claim
Claims near track usually start with the railroad's own program or the RPL policy. When the railroad then demands defense and indemnity from the contractor under the right-of-entry agreement, the contractor's carrier looks first at whether that indemnity is an insured contract. If CG 24 17 is attached and the scheduled railroad and job site match the claim, the indemnity obligation is covered subject to the policy's other terms. If it is not attached, the carrier will cite the railroad carve-out and deny the contractual portion of the claim, leaving the contractor's balance sheet to fund the indemnity.
Upstream parties feel the gap too. A GC that signed the railroad's agreement and flowed the indemnity down to an excavation or utility subcontractor needs the sub's CGL to insure that flow-down. A sub without CG 24 17 can be sued on the subcontract indemnity and have no coverage for it, which leaves the GC holding an uncollectible claim.
Edition history and carrier variations
The edition cited in railroad and transit agency specifications is CG 24 17 10 01. Because the form works by replacing the insured contract definition, it is filed to match the base CGL form. When a vendor's base form is a newer edition, confirm the railroad endorsement on the forms schedule is the one the carrier pairs with it.
Carriers sometimes offer blanket wording (any railroad, any job site) in place of the scheduled form. That is broader for the contractor and usually acceptable to railroads, but read it: some carrier versions still restrict which agreements qualify. Pikorua Security compares any blanket wording against the CG 24 17 baseline before approving it.
What to require or prohibit in the contract
Any subcontract that touches railroad property, or work within 50 feet of track, should require CG 24 17 naming the railroad that owns or operates the line and the specific job site, and should carry the requirement to the umbrella. Ask the railroad's permit office which entity must appear in the schedule; host railroads, operating railroads and commuter authorities are often different legal entities.
- Require: CG 24 17 scheduling the railroad by legal name and the designated job site by milepost, subdivision or street crossing.
- Require: umbrella or excess coverage that follows form over the restored contractual liability.
- Require separately: Railroad Protective Liability (CG 00 35) in the railroad's name when the railroad's agreement calls for it.
- Prohibit: reliance on RPL alone, and any contractual liability limitation (such as CG 21 39) on the same policy.
How Pikorua Security verifies or flags CG 24 17
Projects in Pikorua Security can carry a railroad proximity tag. When it is set, every vendor whose scope touches the right-of-way gets a CG 24 17 rule. The validator reads the schedule, compares the railroad name with the right-of-entry agreement and the job site text with the project location, and flags mismatches such as a schedule naming the wrong subdivision or a different railroad entity.
The same file is scanned for anything that undoes the restoration. CG 21 39 on the policy removes the tort-liability prong of the insured contract definition, and Pikorua Security marks that combination deficient even when CG 24 17 is present. The RPL policy, when required, is tracked as a separate document with its own expiration on the 60/30/15/0 day cadence.
Defect traps carriers and brokers miss
Findings Pikorua Security raises on CG 24 17
6 checks- Flag 01
Schedule names the operating railroad while the right-of-entry agreement was signed with the host railroad or a commuter authority.
- Flag 02
Designated job site left blank or written as "various," giving the carrier room to argue the restoration never applied.
- Flag 03
Contractor provides an RPL policy and assumes it covers its own indemnity obligation; RPL insures the railroad, not the contractor's contractual liability.
- Flag 04
Prime contractor carries CG 24 17 but its excavation, utility or signal subcontractors do not, leaving flow-down indemnity uninsured.
- Flag 05
CG 21 39 on the same policy guts the insured contract definition that the railroad endorsement relies on.
- Flag 06
Umbrella excludes railroad contractual liability or does not follow form, capping protection at primary limits.
Contract exhibit wording
Paste this into the insurance exhibit of your subcontract or vendor agreement, then adjust parties, limits and durations to the project.
Insurance exhibit clause
CG 24 17: Railroad insured contract
Railroad Work. If any portion of the Work is performed on or within fifty (50) feet of railroad property, or affects any railroad bridge, trestle, track, roadbed, tunnel, underpass or crossing, Subcontractor's commercial general liability policy shall include ISO endorsement CG 24 17 (Contractual Liability, Railroads) or an equivalent endorsement, scheduling Railroad Company by its full legal name and the Designated Job Site as described in the right-of-entry agreement, so that Subcontractor's indemnity obligations to Railroad Company, Contractor and Owner qualify as an "insured contract." Subcontractor's umbrella or excess policy shall follow form over this coverage. Where Railroad Company requires Railroad Protective Liability insurance, Subcontractor shall procure ISO form CG 00 35 or equivalent in the name of Railroad Company with the limits Railroad Company specifies, unless Contractor procures it directly. No policy may include ISO CG 21 39 or any endorsement that limits the insured contract definition.
Have counsel conform the clause to the governing law of your contract. Pikorua Security verifies insurance documents against the requirements you set; it does not provide legal advice and does not sell, bind or underwrite insurance.
When the claim arrives
Tender defensibility
Railroad indemnity claims are large and move fast, and the contractor's carrier will look for the cleanest reason to deny the contractual piece. A verified CG 24 17 whose schedule matches the railroad entity and job site removes that reason. Pikorua Security's record shows the schedule text, the right-of-entry agreement it was compared with, and the date both were verified, so the contractor (or its GC) can show the indemnity was insured as written before work began.
Frequently asked questions
Is CG 24 17 the same as Railroad Protective Liability?
When is CG 24 17 needed?
Does CG 24 17 cover professional services near railroad property?
Can a blanket railroad endorsement replace the scheduled CG 24 17?
14-day free production trial
Verify CG 24 17 on every packet, every renewal.
Pikorua Security reads the endorsement pages behind each certificate, checks the edition and schedule against your contract, and chases the broker until the fix arrives.