Search CompleteMarkets

... EPL coverage is demonstrated in the treatment of claims involving intentional conduct. Intentional acts is an important issue because most employment claims allege some form of intentional wrongdoing. Having an EPL insurance policy that excludes intentional acts is highly undesirable; such exclusions eviscerate the coverage. Many of the occurrence EPL forms reviewed for this article excluded intentional acts outright. Some even excluded willful failure to comply with the law, malicious acts, and other wrongful acts that are in violation of the law. Most claims-made EPL policies today are clearly meant to cover intentional conduct. Many of them routinely grant coverage for intentional acts, including but not limited to: Termination-actual or constructive-of an employment relationship that is against the law Allegations of wrongful demotion, retaliation, misrepresentation, promissory estoppel, and intentional interference with contract Defamation, infliction ... onto General Liability, Umbrella Liability, or other Liability policies. Although many people think that claims-made coverage is inferior to occurrence coverage, there are arguments why this might not be true in regard to EPL coverage. EPL insurance has changed greatly in recent years. Just a few years ago, EPL coverage was often severely limited by the use of retroactive dates or exclusions eliminating or restricting coverage for prior acts. What's more, coverage was not widely available for many of the common-law torts frequently alleged in EPL claims.[1 ] Today, however, nearly every major EPL insurer has done away with retroactive dates and offers claims-made coverage for prior acts. Most of the major EPL insurers also have expanded their coverage to include some common-law torts. Because the EPL insurance market is undergoing rapid development, ...

... failure to comply with the law, malicious acts, and other wrongful acts that are in violation of the law. Most... coverage for claims based on covered acts taking place after the policy expir...

...mment. Criminal, Fraudulent, or Malicious Acts The ISO criminal acts exclusi...respect to the reference to unethical acts, it should also be noted that the e...

...ad faith, or willfully wanton or malicious activities. Most of these are viol...factor. The agent has to examine the facts and circumstances surrounding the c...

... a former client, whether or not it is solicited. A contract for deferred compensation might provide, however, that the deferred commissions will not be paid if the producer accepts business from former clients whose premiums give rise to the deferred commissions. Trade secret litigation is expensive and potentially dangerous for both sides. Violations of the trade secret laws can give rise to double damages in case of wilful and malicious misappropriation, Civil Code Section 3426.3, and reasonable attorneys fees in cases of bad faith, Civil Code Section 3426.4. Violations of the antitrust laws might give rise to treble damages and attorneys fees. Bus. & Prof. Code Section 16750. 4.3.2. Employment claims. Agency employers are subject to the same kind of employment litigation that affects other employers. A clear employment agreement can reduce the ... is caused by the nonperformance. For example, if an agent agrees to obtain particular coverage and fails without justification to do so, that agent may be liable for breach of an agreement to obtain coverage with the insured (though not on the contract of insurance) . Troost v. Estate of DeBoer (1984) 155 Cal.App.3d 289, 202 Cal.Rptr. 47. In the cases of an agent acting solely for a disclosed insurer (and not also as a broker acting for an insured), there is authority that only the insurer (as principal) and not the agent can be held for non physical damage for breach of contract or negligence. Walker v. Home Indemnity Co. (1956) 145 Cal.App.2d 318, 302 P.2d 361; Lippert v. Bailey (1966) 241 Cal.App.2d.376 ...

...le damages in case of wilful and malicious misappropriation, Civil Code Sectio...side for the usual reasons other contracts can be avoided (fraud, mistake, etc...

... formal reinforcement of the company's policies, awareness training focused on preventing sexual harassment (one of the more pervasive of employment problems) can also be an effective prevention tool. Managers and employees who have been trained and are aware of the kinds of behavior that might be construed as harassing have a better chance of preventing such behavior in the first place. In many instances, the harasser is not purposely malicious but simply unaware that such behavior is offensive to others. To give further support to the employer's commitment to a non-discriminatory and harassment-free workplace, pre- and post-training testing can be used to document employee education and training. Testing verifies that employees understand the corporate rules and laws forbidding sexual harassment. Most important, though, is that both supervisors and employees are better able to detect and prevent such ... Human resource professionals have known for years that communication of the employer's rules, policies, and procedures to the employees, as well as an early intervention in employment disputes or complaints, are effective in limiting both the frequency and severity of suits. Now employment practices liability insurance (EPLI) can augment these traditional preventive tactics. Combined with insurance, loss prevention, post-incident investigation, and thorough follow-up can act to form a three-legged stool of protection against employment-related claims. Here are a few tips to consider when developing your own defensive strategies. LEG ONE: PREVENTION TECHNIQUES While the incidence of employment-related claims has increased dramatically in recent years, one encouraging aspect regarding such claims is that both frequency and severity of loss can be controlled through prevention techniques. Two integral elements every successful employment liability prevention plan have ...

...s, the harasser is not purposely malicious but simply unaware that such behavi... specifically grant coverage for such acts, but other policies may be silent o...