What is EPL - Hard to Place?
“Hard to place” EPL refers to employment practices liability insurance for organizations or employers that present higher-than-average risk profiles. These can include companies with prior claims history, multiple jurisdictions of operations, nonprofit boards with volunteer exposure, or event organizers with frequent short-term staff. This specialty placement addresses liability exposures related to wrongful termination, discrimination, harassment, retaliation, and other workplace-related allegations.
Who needs it
Typical buyers include small to mid-sized employers, clubs and associations, contractors who hire temporary staff, event operators, and nonprofit organizations that face limited market appetite from standard carriers. Businesses with past employment claims, complicated hiring and termination practices, or operations in multiple states often seek hard-to-place solutions.
What it typically covers
EPL policies for hard-to-place accounts generally cover defense costs, settlements, and judgments arising from employment-related claims. Coverage can be tailored and may sit alongside other protections such as commercial liability, participant accident coverage, or director and officer considerations. Underwriting often addresses liability exposures, workplace investigations, and risk management considerations like HR policies and training.
Example risk scenario: a seasonal event with temporary staff could lead to a harassment complaint or wrongful termination claim involving several parties.
Common exclusions or limitations
Exclusions frequently include intentional acts, bodily injury covered by workers’ compensation, punitive damages where unenforceable by law, and claims tied to dishonest acts or criminal conduct. Policies may also limit coverage for specific jurisdictions, class-action exposures, or claims arising from pre-existing knowledge of allegations. Understanding policy wording and endorsement options is essential to avoid surprises.
Factors that influence cost
Premiums for hard-to-place EPL are influenced by prior claims history, the size of the workforce, employee classification (e.g., temporary vs. full-time), geographic scope, industry sector, and the presence of formal HR processes. Other underwriting factors include limits requested, retentions, and whether the organization has undertaken active risk management such as anti-harassment training or formal investigation procedures.
Proof of insurance & compliance
Many venues, vendors, or contract partners require a certificate of insurance and specific endorsements naming additional insureds or waivers of subrogation. Employers may also need to demonstrate employment policies, training records, or independent investigation procedures to satisfy contract requirements and reduce underwriting friction.
How to get a quote
Gather basic details before requesting coverage: claims history, number of employees, contracts or leases that require insurance, and copies of employment manuals or policies. For specialized assistance with challenging placements you can review options such as agency resources like Tennant Risk Services or product storefronts covering hard-to-place situations like Hard to Place EPLI. For accounts that also need broader professional coverage, carriers listed under Hard-to-Place Professional Liability may be relevant.
If you’re ready to move forward, talk to your agent.
Frequently Asked Questions
Can an employer with prior EPL claims get coverage?
Yes — hard-to-place markets specialize in submissions with prior claims, though premiums, retentions, and exclusions may be adjusted to reflect history.
What documentation helps speed underwriting?
Claims history, written employment policies, training records, and any independent investigation reports are commonly requested and help underwriters assess risk.
Are volunteers and temporary staff covered?
Many EPL policies include claims by or against volunteers and temporary workers, but coverage depends on the policy wording and may vary by carrier.
Still have questions? Talk to a local insurance expert.