Underneath the statute, companies could indemnify Brightline or FECR for legal responsibility, prices, and bills arising from incidents involving the company’s personal passengers and invitees, “no matter whether or not the loss… is precipitated in complete or partially, and to no matter nature or diploma, by the fault… of such freight rail operator.” Nevertheless, within the case of a “restricted coated accident” — outlined as a collision between trains attributable to “willful misconduct” — any indemnity exceeding a $5 million “self-insurance retention quantity” can solely apply if the personal operator additionally indemnifies the company as much as the identical quantity.
