SB 209 — AN ACT TO AMEND TITLE 2 OF THE DELAWARE CODE RELATING TO TRANSPORTATION AND INSURANCE COVERAGE FOR THE DELAWARE TRANSPORTATION AUTHORITY, PUBLIC CARRIERS, AND TRANSPORTATION NETWORK COMPANIES.

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HD209 :AN ACT TO AMEND TITLE 2 OF THE DELAWARE CODE RELATING TO TRANSPORTATION AND INSURANCE COVERAGE FOR THE DELAWARE TRANSPORTATION AUTHORITY, PUBLIC CARRIERS, AND TRANSPORTATION NETWORK COMPANIES.

MSBE :IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

MAWSection Page1. 1 of 1 Released:

06/23/2022Amend 11:19Chapter AM13, 2141510772Title 2 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 1329.

Liability of Authority.

(a) Any operation, service or program provided by the Delaware Transportation Authority or under its auspices not covered by a general liability policy, self-insurance or other insurance policy as shall be legally established and funded by said Authority shall be covered and protected by the doctrine of sovereign immunity of the State which shall be applicable not only to the Authority but to each of its agencies, administrations, subsidiaries and each of their respective officers and employees;

which immunity shall apply to and against any lawsuit or liability arising from any such operation, service or program, except as specifically excepted under this section.

No legal or equitable action seeking damages as a result of any operation, service or program described in the preceding sentence shall be permitted or damages recovered except as such activity is and shall be covered by an insurance program procured in accordance with law and for which adequate funding is available.

In the event that insurance has been provided, such claim, including any award for damages or costs assessed against the Authority, its administrations, subsidiaries, officers or employees either individually or on behalf of their employer shall not exceed the amount of said insurance covering the risk or loss or the amount of $300,000 $1,000,000 whichever amount shall be the lesser for any and all claims arising out of a single occurrence.

(b) For fiscal years beginning July 1, 1997, and thereafter, the annual budget of the Delaware Transit Corporation shall include funding for an insurance program as described in subsection (a) of this section.

This insurance program may be provided by either (1) a combination of self-insurance and commercially procured insurance, or (2) entirely commercially procured insurance.

The monetary limits of § 1329(a) of this title shall apply to passenger rail carrier operations authorized under § 1332 of this title.

For all other operations of the Delaware Transit Corporation, the monetary limits of § 1329(a) of this title shall not apply, and the Corporation shall instead be liable for the amount of its insurance SD :

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01/05/2022 04:18 PM covering the risk or loss;

provided, however, that the insurance program shall provide a minimum coverage of $300,000 $1,000,000 for any and all claims arising out of a single occurrence and $1,000,000 for uninsured and underinsured insurance for any and all claims arising out of single occurrence.

Section 2.

Amend Chapter 18, Title 2 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 1802.

Regulation of public carriers.

(p) The Department shall prescribe by rule, regulation or order minimum amounts and kinds of insurance which shall be carried by public carriers, provided that no public carrier shall be permitted to operate as such unless and until each and all of its vehicles transporting passengers shall be covered by and with a public liability and property damage insurance policy or policies issued by an insurance company authorized to do business in the State in the minimum amounts of $1,000,000 for death, bodily injury, and property damage and $1,000,000 for uninsured and underinsured insurance for all public carriers as defined under this Chapter.

$100,000 per person per accident for personal injury or death and $50,000 per accident for property damage for limousines and charter buses.

Taxicabs shall be covered in the minimum amounts of $25,000 per person per accident for personal injury or death, and $10,000 per accident for property damage.

Every vehicle issued a taxicab medallion shall be covered in these amounts at all times until the vehicle is either replaced or the medallion is surrendered or sold.

§ 1818.

Public carriers operating buses;

public liability insurance.

The Department may prescribe by regulation or order, as to public carriers operating charter buses, such requirements as it deems necessary for the protection of persons or property of their patrons and the public, including the filing of surety bonds, the carrying of insurance or the qualifications and conditions under which such carriers may act as self-insurers with respect to such matters.

All such motor carriers, whose current liquid assets do not exceed their current liabilities by at least $100,000, shall cover each and every vehicle transporting passengers or property, with a public liability and property damage insurance policy or policies issued by an insurance company authorized to do business in this State, in such amounts as the Department may prescribe, but not less than $25,000 for 1 and $50,000 for more than 1 person injured or killed in any 1 accident, and not less than $10,000 for loss or damage in any 1 accident to property of others, excluding cargo.

Section 3.

Amend Chapter 19, Title 2 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows: