Protect the company against liability relating to their workforce and provide defense costs associated with responding to employment related lawsuits or legal situations which may cause liability to the Company.

EPL product flyer

What we cover:

  • Race and sex discrimination
  • Employees, former employees and employment applicants
  • Regulatory violations and government investigations
  • Federal, State, City and county statutes
  • Customers, clients and consumer groups

What we write:

Why buy EPL coverage?

  • To provide comprehensive protection against employment-related lawsuits and leverage expertise to mitigate risks 
  • It’s cost-effective compared to potential settlements, making it an important investment opportunity 
  • Lawsuits based on language in employee handbooks and written policies are increasingly common
  • Relying solely on commercial general liability policies may leave gaps in coverage

Applications

Applications

Understanding coverage
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  • Broad definition of employees to include leased or contracted individuals, independent contractors and applicants for employment.
  • Full retaliation coverage
  • Punitive damaged coverage (most favorable venue language) where insurable
  • No exclusion for reduction in force or mass layoffs
  • No intentional acts exclusion
  • Third party coverage built into form and is available for an additional premium. Broad definition of third party
  • Broad definition of claim
  • Broad definition of loss inclusive of prejudgment and post judgment awards
  • Broad Wrongful Act definition
  • Additional limit for defense costs is available for an additional premium
  • Loss specifically includes front pay and back pay.
  • BIPD exclusion modified not to apply to mental anguish or humiliation for all claims
  • No prior subsidiary exclusion
  • Favorable other insurance provision, such that policy would be primary for employment practices claims and excess of other insurance for third party claims.
*Please note - the above coverage highlights are for illustration purposes only and shall not be construed as policy interpretations.
  • Duty to defend form
  • World wide coverage
  • Coverage non cancelable by Underwriters except for non-payment of premium.
  • Broad definition of Insureds, including coverage for Directors and Officers, employees as well as the corporate entity and any such organization as a debtor -in-possession or a bankruptcy estate of such entity.
  • Severability as respects all exclusions and the application.
  • Spousal/domestic partner extension
  • Broad definition of subsidiary to include automatic coverage for newly created or acquired subsidiaries with no threshold or reporting requirements. Automatic coverage for joint ventures.
  • Multiple year run off and discovery period options offered at time of quote.
  • Bilateral discovery
  • No hammer clause

The BAM® - Private Company policy offers a package product of superior Employment Practices Liability, Directors & Officers and Company liability, Fiduciary Liability and Crime coverage for small to middle middle sized companies.

Target Segments

  • Employment Practices - Less than 500 employees
  • Directors & Officers - Less than $300 million  in assets
  • Fiduciary - Less than $50 million in plan assets
  • Crime - Less than 500 employees

Terms

  • $5MM in capacity for each coverage section. Options for combined or separate limits of liability are available on every account.
  • $0 retention on the Directors and Officers and the Fiduciary Coverage Sections if the Employment Practices elected.
  • Competitive retention options available for Employment Practices Coverage.
  • Additional limit available for non-indemnifiable acts on Directors & Officers
  • Additional Limit for Defense Costs is available on Employment Practices
  • Duty to Defend with no hammer clause
  • E-Risk EPL HELPLINE delivers real-time unlimited access to expert legal support provided by a national law firm.

Underwriting

  • Simplified application
  • No financials
  • No handbooks
  • No articles of incorporation needed on most accounts.

Eligible and ratable online submissions will not be referred to an underwriter unless the risk has either claims or a net loss greater than $3MM. The application, forms and highlights documents can be found in the Applications and Forms section of our website.

Most classes of business will be entertained. The list below is a list of classes of business that E-Risk will not entertain under normal circumstances.

  • Athletic teams
  • Auto dealers
  • Banks
  • Charter Schools
  • Entertainment/ Movie/Production Companies
  • Financial Institutions/Lenders
  • Government/Quasi-governmental agencies
  • Higher education/Colleges/Universities
  • HMO/PPO
  • Law firms
  • Nutraceuticals
  • Radio Broadcasters
  • Security Brokers
  • Venture Capitalists

Target classes

E-Risk Services specializes in Employment Practices Liability for many types of organizations, including real estate, high-tech, biotech, start-ups or long-established organizations.

Some, but not all, of the classes of business E-Risk insures are listed below: 

  • Accountants 
  • Information technology  
  • Advertisers 
  • Insurance agents/brokers 
  • Alternative energy 
  • Life sciences 
  • Automotive services 
  • Manufacturers 
  • Collection agencies 
  • Medical billing 
  • Contractors  
  • Personal services 
  • Co-ops 
  • Professional services organizations  
  • Daycare centers 
  • Retail  
  • Distributors  
  • Real estate  
  • Defense contractors 
  • Restaurants 
  • Employment/staffing firms 
  • Telecommunication  
  • Franchisee and franchisor  
  • Transportation services
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Claims examples

Each claim is unique and requires a review of your policy terms and conditions, but you can learn more about past claim scenarios for many of our product offerings to understand potential outcomes.

Read claims examples

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