Resolving EPL Coverage Disputes: Common Issues and COVID-19 Claims
Understanding EPL Coverage Triggers, Application Errors, Non-Monetary Claims, and Likely Covid-19 Issues
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Insurance
- event Date
Wednesday, June 3, 2020
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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This CLE course will discuss making and resolving claims under employment practices liability (EPL) insurance, which offers coverage against employee lawsuits alleging discrimination and other improper employer acts. The webinar will identify recurring misconceptions and stumbling blocks and how to avoid them, with added focus on issues likely to arise in the wake of the COVID-19 pandemic.
Mr. Graham has over 27 years of litigation experience. He is a member of the firm’s Business Litigation and Products Liability groups. Mr. Graham is an experienced insurance coverage and “bad-faith” lawyer representing commercial insurers in complex coverage disputes involving various lines of commercial insurance. He is experienced in providing coverage opinions and litigating coverage and bad-faith cases. Mr. Graham also has expertise and experience in handling complex coverage issues and litigation involving first-party property damage claims.
Mr. Tellner is an experienced trial attorney, having tried insurance coverage, bad faith, professional liability and general liability cases to verdict.
Mr. Weimer is a seasoned commercial attorney, with more than 29 years of litigation experience. His practice encompasses a wide range of insurance coverage, insurance defense, and commercial litigation, including EPL, CGL, D&O, commercial property, workers compensation, insurance and real estate E&O, accounting and medical malpractice, construction defects, asbestos, electric utilities, liquor liability, media, lender liability and products liability.
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.
- Common EPL coverge issues
- "Wrongful act" triggers
- Application errors
- Nonmonetary claims
- Wage and hour claims
- Likely Covid-19 claims
The panel will review these and other noteworthy coverage topics:
- Sexual harassment lawsuits
- Covid-19 Reductions in Force
- Illegal background checks
- Website accessibility lawsuits
- Invasion of employee privacy
- Genetic discrimination
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