Section 29.15. Indemnification and insurance.

 

(1)   Hold harmless.

(a) The utility shall hold the department, transit commission and railroad operator, their officers, employees and agents, harmless from all liability, loss, demands or actions connected with, or claimed to be connected with, either any act or omission of the utility, its agents, employees or officials, or any accident or occurrence that happens, or is alleged to have happened, in or about a place where any utility act or omission occurs while the utility is performing its work, while a utility permit or an agreement between the utility and the department is in effect or while any of the utility's facilities, property or personnel are in or about the place where the utility act or omission occurs or are in or about the department railroad property.

(b) Nothing in this subsection, however, shall require a utility to hold the department, transit commission or railroad operator, their officers, employees or agents, harmless from that portion of any liability, loss, demand or action arising out of the acts or omissions of the department, transit commission or railroad operator or of their officers, employees or agents.

(2)   Insurance.

(a) During installation, modification or maintenance of any utility facility and during the term of any utility permit, the department shall require the utility to provide the department adequate evidence of financial responsibility to meet the liabilities, losses, demands and actions from which the utility is required, in accordance with sub. (1) , to hold the department, transit commission and railroad operator, their officers, employees and agents, harmless. Evidence of adequate financial responsibility shall be either appropriate evidence that the utility is self-insured and has sufficient resources to provide coverage equivalent to an insurance policy having combined single limits of not less than $500,000 or, alternatively, evidence of an appropriate insurance policy having combined single limits of not less than $500,000. If it chooses to provide evidence of an appropriate insurance policy, a utility shall furnish the department the requisite certificate of insurance showing that the department, transit commission and railroad operator, their officers, employees and agents, have the status of an additional insured under the insurance policy. The department may require greater evidence of resources or higher limits of insurance coverage if it determines that greater coverage is reasonably required to cover the risks presented by a particular utility facility.

(b) The utility shall furnish the department evidence of adequate financial responsibility, as required by par. (a) , on or before the effective date of the utility permit. If at any time the department determines that the utility has not provided adequate evidence of financial responsibility, the utility shall immediately suspend any construction, installation, modification or routine maintenance on the department railroad property until adequate evidence of financial responsibility is again provided to the department.

Cr. Register, December, 1985, No. 360 , eff. 1-1-86.