Not surprisingly, there is certainly not an abundance of case law addressing sidetrack agreements in the context of coverage disputes.
We've all seen the term "sidetrack agreement" in a commercial general liability (CGL) policy.
But just what is a "sidetrack agreement," and does it ever come up in a case?
Insured contract is a defined term and includes items such as lease agreements, sidetrack agreements, easements or license agreements, obligations required by ordinance, and elevator maintenance agreements.
An exception (that appears at the end of this section) to this exclusion applies to liability assumed under a sidetrack agreement. A sidetrack agreement is a type of hold harmless agreement between a railroad and an insured in which the railroad's sidetrack, built on the insured's premises, serves the insured.
An exception to this exclusion applies to liability assumed under a sidetrack agreement (see previous annotation).
By making sidetrack agreements an exception to the contractual liability exclusion, the exposure presented by this type of arrangement is protected against.
The second type of insured contract is a sidetrack agreement.
For decades, the major exposures were relatively basic business contracts: leases; elevator maintenance agreements; obligations required by a municipal ordinance; sidetrack agreements
; and easement In fact, these were so commonly accepted as normal parts of business that long ago the standard liability forms automatically included them, and hundreds of thousands of insurance students learned them as the aptly titled "incidental contracts."
Sidetrack agreements, as we've seen, are agreements where a railroad will extend its tracks onto a business's premises for loading and unloading.
One exception is for liability assumed under a sidetrack agreement.
A sidetrack agreement
is an agreement between the owners of a premises and a railroad with a railroad sidetrack (i.e., an access track) that services the business owner's property, usually a warehouse or loading dock facility.