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Employers face an ever-escalating barrage of employment-related claims. The claims take many forms, from gender, age and other discrimination claims brought under federal and state statutes, to express and implied contract actions, to harassment claims, to creative and manifold tort theories. In some cases, very large jury verdicts or settlements result. Even when the outcome is favorable, employers nonetheless can incur substantial defense costs. To help deal with the expenses of employment-related litigation, businesses should explore the availability of insurance coverage.
The potential sources of insurance coverage for employment-related claims are as varied as the claims themselves. Depending upon the particular claim, courts have found coverage available under the bodily injury and personal injury provisions of general liability policies, workers compensation policies, directors and officers (D&O) policies, employment practice liability (EPLI) policies, and even personal homeowner/umbrella policies where individual employees are named as defendants.
Our policyholder coverage lawyers, backed by the substantial experience and counsel of our Employment Practice Group, draw on a wide range of litigation and negotiation experience to help companies assess their coverage needs and cope with existing employment-related claims. Sometimes litigation is unnecessary to secure coverage, as in the case of one corporate client that secured coverage for sexual harassment claims without having to initiate a lawsuit.
Representative Matters
- Representation of a law firm in litigation with the firm’s EPLI carrier for coverage of claims asserted by the departing partners.
- Representation of a Fortune 500 company in claim for coverage from its EPLI carriers for gender discrimination claims.
- Representation of a major high-tech company in negotiations and mediation to obtain EPLI coverage for numerous wrongful termination and discrimination claims.
- Representation of a nonprofit organization in obtaining defense coverage for a racial discrimination lawsuit brought by a former employee.
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