Problem: Despite requiring insurance from their vendors, contractors, and invitees for the purpose of funding the indemnify provisions in their agreements, short line freight and passenger railroads fail to recover millions of dollars each year in property and liability losses that they were relying upon commercial insurers to pay. Why? Because the insurance that they thought was in place was not in place at the time of the loss. Why not? Because railroads rely upon insurance brokers and attorneys to provide insurance language and requirements intended to fund the indemnity provisions of their agreements that do not include CRTC10_TN. Effective contractual risk transfer looks like a three legged stool; leg one is professional knowledge of railroad operations, leg two is professional knowledge of legal issues, statutes, and contract construction techniques, and leg three is CRTC10_TN, professional knowledge of risk management principles, insurance coverage, and the insurance marketplace.

Solution: CRTC10_TN is a comprehensive contractual risk transfer methodology copyrighted by CRT Consulting, LLC. CRTC10_TN was created for, and it’s effectiveness validated at railroads. CRTC10TN has recovered millions of dollars from insurers that otherwise would have been lost. The following is a brief outline of CRTC10_TN:

Outline of CRTC10_TN

1. Evaluation & Recommendations:
   • Identifies what needs to be done to align your risk transfer practices with the railroad industry’s “Best Practice”, CRTC10_TN.
2. Identifies your Risk Transfer Philosophy:
   • How much risk are you willing to accept?
   • Do you want to shift risk of loss to others based on a blanket basis, on a business relationship basis, or situational?
3. Identifies where you want to stand on the Risk Transfer Protection Scale:
   • How broad an indemnity is desired?
   • What types of insurance should be required?
   • What minimum limits of insurance should be required?
   • What types of evidence of insurance will suffice?
4. Assess the risk of loss for each vendor, contractor, or invitees using Proprietary Qualitative and Quantitative Models:
• Uses proprietary models to identify exposures to risk of loss, and to establish insurance limits and requirements tailored to those specific risks of loss vs. a “one-size-fits-all” approach that invites litigation and disputes which invite uninsured loss.
5. Creates a “Risk Matrixes” for your railroad:
   • The Risk Matrixes is an intuitive tool – A map that fosters unity of action among all team members. Without unity progress stops.
6. Creates insurance coverage requirements that use Current Insurance Industry Coverage Forms and Terminology:
   • Avoids the use of antiquated and outdated language in insurance requirements which is a widespread problem in the railroad industry.
   • Uses standard industry forms and terminology enabling insurance agents and brokers to understand and comply with your chosen requirement.
   • Improves understanding of your limits and requirements, making it easier for your contracting partners to meet them; further building unity of action.
7. Creates coverage Strategies that Support your Agreement Indemnity Provisions:
   • Anticipates most possible disputes with insurers, and helps prepare you to overcome them without costly dispute, and litigation.
8. Provides Tools to Overcome Objections:
   • Anticipates most possible objections that could arise to your insurance requirements and limits, and prepares you to overcome them helping to preserve needed coverage and limits.
9. Outlines Key Case Law that supports your coverage strategy:
   • Knowing key case law that supports your required coverage will help eliminate costly litigation, and negotiations.
10. Helps build an Effective Compliance Management Practice:
    • Compliance with your insurance requirements is critical to the success of any contractual risk transfer practice.
    • Helps establish a cost effective compliance management protocol.
    • Helps establish whether or not compliance should be managed internally or externally by an outside vendor.

What does CRTC10_TN COST? – CRTC10_TN MAKES YOU MONEY!

“Bill Evans is an expert in the field of railroad risk transfer and insurance. He spent 10 years working for me as Senior Director of Risk Management. His knowledge and leadership saved the company tens of millions of dollars.” Warren B. Beach, Assistant Vice President-Finance-Insurance, Union Pacific Railroad Company.

“I would consider any company very lucky to have CRTC join the team. Applying CRTC10_TN contractual risk management tools is a virtual shoo-in for creating the atmosphere and structure necessary to lower the total cost of risk, and to maximizing recovery from commercial insurance.” Shawn Lauby, Senior Manager, Contracts and Real Estate