Resolving EPL Coverage Disputes: Common Issues and COVID-19 Claims

EPL policies offer coverage for many employee claims, such as sexual harassment, unfair promotion practices, wrongful termination, invasion of employee privacy, and illegal background checks. Companies expect coverage for the costs of defending a lawsuit, as well as for judgments and settlements.

Because the stakes are often so high in these types of emotionally and financially devastating cases, many coverage disputes resolve before or during a declaratory judgment action. A meager number of reported decisions means attorneys lack a robust body of case law to consult for guidance.

Employers responding to COVID-19 have been asked by national and local authorities to act decisively in the best health interests of the nation and their local communities on very short notice. Some employees may later suspect employers had ulterior motives and seek redress in the future.

Listen as our distinguished panel discusses the significant issues involved, managing expectations, best practices at the declaratory judgment stage, and trends in coverage with extended discussion on issues and claims arising from how employers dealt with and continue to deal with COVID-19.