Employment Practices Liability

Our employment practices liability insurance policy provides standalone coverage for a company’s directors, officers and employees against claims brought by a company’s past, present and prospective employees alleging wrongful employment practices.

Our employment practices liability insurance policy provides standalone coverage for a company’s directors, officers and employees against claims brought by a company’s past, present and prospective employees alleging wrongful employment practices. That includes allegations of sexual harassment, discrimination, failure to promote, wrongful dismissal, negligent evaluation or wrongful deprivation of career opportunity. Additionally, coverage is provided for third party claims for discrimination and sexual harassment.

Coverage Highlights

  • Definition of loss includes:
  • Punitive and exemplary damages and the multiplied portion of multiplied damages and liquidated damages under the Equal Pay Act and the Age Discrimination Act in Employment Act, all subject to an insured-friendly choice of law provision
  • “Sensitivity training” and opposing counsel fees awarded
  • Dishonesty exclusion requires “final, non-appealable adjudication” in an action not instituted by Argo Group
  • Subrogation rights limited against any insured, including the company
  • Defense cost carve out as respects the breach of contract exclusion
  • Wage and hour and FLSA/NLRA/WARN exclusions do not apply to allegations of “retaliation”
  • Severability of application for insured persons
  • Limited imputation of individual’s knowledge to any entity as respects the application
  • Express coverage for partnerships and joint ventures
  • Policyholders have access to Jackson Lewis, LLP’s cost-free risk management program hotline

Coverage Limits

Maximum capacity: $15 million

Appetite & Availability

Targeted classes

  • Companies with employee base of 50 to 10,000 employees

Excluded classes

  • Employee leasing agencies
  • Temporary help services
  • Law firms
  • Certain financial service organizations

Resources

Contact

Richard Edsall

Senior Vice President, Commercial Management Liability

732-692-6163