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What Is Employment Practices Liability Insurance?

What Is Employment Practices Liability Insurance?
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Employment Practices Liability Insurance (EPLI) Def:

A type of liability insurance covering wrongful acts arising from the employment process. The most frequent types of claims covered under such policies include: wrongful termination, discrimination, sexual harassment, and retaliation. In addition, the policies cover claims from a variety of other types of inappropriate workplace conduct, including (but not limited to) employment-related: defamation, invasion of privacy, failure to promote, deprivation of a career opportunity, and negligent evaluation. The policies cover directors and officers, management personnel, and employees as insureds. The most common exclusions are for bodily injury (BI), property damage (PD), and intentional/dishonest acts. Employment Practices Liability Insurance (EPLI) policies are written on a claims-made basis. The forms can contain “shrinking limits” provisions, meaning that insurer payment of defense costs—which are often a substantial part of a claim—reduce the policy’s limits. This approach contrasts with commercial general liability (CGL) policies, in which defense is covered in addition to policy limits. Although Employment Practices Liability Insurance (EPLI) is available as a stand-alone coverage, it is also frequently sold as part of a management liability package policy. In addition to providing directors and officers (D&O) and fiduciary liability insurance, management liability package policies afford the option to cover employment practices liability (EPL). See also Defamation; Discrimination; Directors and officers (D&O) liability insurance; Errors and omissions (E&O) insurance; Fiduciary liability; Management liability insurance; Personal injury (PI); Retaliation claims; Shrinking limits defense provision.

Employment Practices Liability Insurance (EPLI) is often under appreciated because it is typically a part of a Directors and Officers(D&O) Insurance policy.  In the private company segment I think there is a case to be made the we should call D&O insurance…Employment Practices Liability Insurance (EPLI)insurance that includes D&O coverage rather than D&O insurance that includes Employment Practices Liability Insurance (EPLI) coverage because it is under the Employment Practices Liability Insurance (EPLI) coverage where the highest frequency of losses comes from…

 

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