Overview

Employment Practices Liability Insurance now includes an expanded policy-forms that are the new industry standard. They may incorporate broad coverage policy features that support litigation management and foster an alliance between carriers and the insured when a claim occurs.

The new policies may include broad definition of employment practices violation around, ground-breaking coverage for sexual harassment and discrimination against customers, clients and other non-employees, Public Company Employment Practices Liability Insurance's signature retention waivers and coverage that encompasses such previously uninsured areas as retaliation suits, and employment-related libel and slander. Coverage for punitive damages and exemplary damages may be offered, where available, as well as coverage for multiple damage awards.

Customer Profile:

• Public companies
• Private companies
• Financial institutions
• Offices
• Retail Operations
• Service Industry

Features may include:

• Broad definitions of Employment Practices Violation
• May cover discrimination and sexual harassment claims brought by third parties, e.g. customers, clients
• Broad retention waivers available
• Punitive, exemplary and multiple damages coverage (including multiple awards under the ADEA and the Equal Pay Act) available, subject to underwriting and payment of additional premium, and where insurable under law.
• Optional Duty to Defend (Insured has choice of controlling defense or giving Insurer the Duty to Defend)
• Broad definition of Insured, which may include:
  • Any leased Employees. (Company must provide the same indemnification to leased employees as it provides to non leased employees).
  • Scheduled independent contractors, (subject to underwriting review, payment of additional premium, copy of indemnification agreement and company must provide the same indemnification to contractors as it provides to other employees) the Company and any Director, Officer or Employee thereof
• Coverage for back pay and front pay
• Broad definition of Claim includes specific coverage for EEOC proceedings and investigations, arbitration proceedings and non-monetary relief
• Specific exception to the BI/PD exclusion for emotional distress/mental anguish
• Specific pre-judgment and post-judgment interest coverage (within Limit of Liability)
• Covers claims brought by Employees, applicants for employment with the Company, EEOC and others
• Insured may choose binding arbitration or non-binding mediation with right to litigate. The alternate dispute resolution may be conducted in the Company's own state with reference to its laws subject to underwriting review. (May not be available in all states.)
• Can provide pre-approved elite employment practices defense law firms
• Optional Automatic Subsidiary coverage for Subsidiaries created or acquired during the policy period whose assets are less than 10% of the Company's total assets
• Spousal extension coverage available
• Global titles coverage available
• Worldwide coverage available
• Bilateral discovery available
• Optional Discovery Periods
• Limits up to $50 million available