Monday, April 11, 2011

Employment Practices Stand Alone

U.S. Insurance Services provides Stand Alone Employment Practices Liability Coverage. This insurance is a comprehensive employment liability solution available to companies with up to 4,000 employees. Broadened coverage is provided by the Business Advantage Pro-Pak Elite or Corporate Advantage Pro-Pak Elite programs.

Coverage Features

  • Flexible limit options available starting at $500,000 and up to $15,000,000
  • 17 point definition of Employment Practice Act which includes: retaliation, wrongful discipline, constructive discharge and more
  • Broad definition of Individual Insured that includes leased employees
  • Automatic Third Party Liability
  • Loss control assistance
  • Independent Contractors Coverage available
  • Triple annual aggregate retention cap
  • Available sublimit for defense of wage & hour claims
  • Broad definition of Claim includes: arbitration, regulatory and administrative proceedings, EEOC & DOL investigations and requests to toll
  • the statute of limitations
  • Modified hammer clause with a retention reduction incentive for the insured’s acceptance of the first settlement offer
  • Punitive, multiple and exemplary damages coverage on a most favorable venue basis
  • Optional duty to defend coverage on a per-claim basis
  • Defenses costs paid in addition to the limit of liability, for eligible insured’s
  • Defense Costs for non-monetary relief
  • Debtor in possession included as an insured
  • Worldwide coverage territory and valuation clause
  • Employment loss control services available
  • Bi-lateral discovery (tail) for one, two and three year terms

Submission Requirements

  • Completed application
  • Latest annual CPA prepared financial statement (if the number of employees is greater than 250)
  • Supplemental claim form, if applicable

Call 1-800-874-1738 x201

Claims Scenarios

  • $540,000 - An age discrimination lawsuit was brought by a highly paid 62 year old sales representative who was employed by the Insured. He was terminated for not meeting his sales quotas. Despite layoffs and cutbacks at the company, there was no documentation that showed the Plaintiff was a poor performer.
  • $345,000 - A claim was brought by a former employee for religious discrimination. She alleged the hiring practices of the Insured were unlawful because they stated they would only hire Christian workers. Once it was learned that the plaintiff was not a Christian, she was passed up for a promotion.
  • $117,000 - An employee went out on medical leave for treatment of an illness. When he was ready to return to work the Insured told him his position had been filled by someone else and his job was no longer available. He filed suit for lost wages, emotional distress, and violation of disability discrimination statutes.

What is EPLI?

Employment Practice Liability Insurance (EPLI) protects the company, directors & officers and employees from claims resulting from but not limited to:

  • Wrongful dismissal, discharge or termination of employment
  • Violation of employment discrimination laws (including harassment)
  • Breach of a written or oral employment contract or implied employment contract
  • Sexual or workplace harassment of any kind
  • Wrongful demotion
  • Negligent employee evaluation

Pro Pak Eligibility

  • Business Advantage Pro-Pak Elite for companies with total assets less than $50,000,000 and less than 250 employees.
  • Corporate Advantage Pro-Pak Elite is available for companies with total assets less than $50,000,000

10 Reasons Why you should use the Employment Practices

  1. Retentions as low as $2,500 per claim
  2. Defense costs in addition to the limit of liability for eligible insureds
  3. Automatic Third Party EPL coverage
  4. Loss control assistance
  5. Defense costs for non-monetary relief
  6. Modified Hammer Clause – 50 / 50 and 10% retention reduction for insured’s acceptance of the first settlement. For eligible insured’s , when defense costs are provided within the policy limits of liability, the hammer clause can be further modified to 75 / 25 and the retention reduction can be increased to 25%.
  7. Broad definition of claims which includes: arbitration, regulatory and administrative proceedings, EEOC and DOL investigations and request to toll the statute of limitations.
  8. Bilateral discovery (tail) for one, two and three year terms
  9. Most favorable venue wording for punitive, multiple or exemplary damages
  10. The available of important complementary coverage such as Directors and Officers Liability, Fiduciary Liability, Employed Lawyers Liability and Commercial Crime Coverage

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