Slide 1: Employment Practices Liability: Coverage, Claims and Marketplace Trends
Employment Practices Liability: Coverage, Claims and Marketplace Trends Presented By: Hays Companies, Inc., an owned Brown & Brown Executive Risk Team subsidiary of Brown & Brown, Inc.
Slide 2: Presentation Agenda
Presentation 1 Coverage Agenda 2 Claim Issues and Trends 3 Policy Placement Issues in the Marketplace 4 Q&A BROWN & BROWN | 2
Slide 3: Panelists
Panelists Aaron Stone Shawn Harris Brown & Brown, Moderator Brown & Brown, Panelist Andrew Long Joseph Kelly Brown & Brown, Panelist Sompo International, Panelist BROWN & BROWN | 3
Slide 4: Coverage
01 Coverage
Slide 5: Coverage: Types of Coverage
Coverage TYPE S OF COVE R AG E Employment Who Can Bring Claims? Who is Covered? Wrongful Acts • Past, present and • Insureds • Discrimination prospective Employees • Employees • Age • Independent Contractors • Officers/Directors • Disability • Third parties • The Entity • Gender • Harassment • Indep
Slide 6: Coverage: Key Features and New Offerings
Coverage • Key Coverage Features » Other Insurance Clause » Severability of the Application » Notice & Claims Reporting » Exclusions • New offerings » Crisis expense » Wage & hour » Immigration expense » Workplace Violence BROWN & BROWN | 6
Slide 7: Claim Issues and Trends
02, Claim Issues and Trends
Slide 8: Claim Issues and Trends
Claim Issues and Trends Incidence and Types of Claims Trends and Trending • EEOC Charges: • Why the decline in Charges? » FY 2010 – 99,922 » EPL claims driven by lost wages and » FY 2016 – 91,503 attorney fees » FY 2021 – 61,331 » EEOC and court system shut down during Covid • Types in 2021: » Excel
Slide 9: Claim Issues and Trends: Claim Process
Claim Issues and Trends Claim Process Communication Reserves and Reporting Role of Adjuster with Insured Disposition Plan Common Coverage Issues • Use of Panel v. • Covered v. • Breach of Contract / • Wage & Hour Non-Panel Vendors Non-Covered Loss Employment Agreements BROWN & BROWN | 9
Slide 10: Claim Issues and Trends: Litigation Trends
Claim Issues and Trends • Litigation Trends » Class Action o Covid claims o Wage & hour o ADA-Website accessibility » Biometric Privacy o Illinois class action results o Plaintiff’s bar focused on biometric personal data and geolocation information as drivers for future litigation efforts • Damages/
Slide 11: Common Issues That Impact Claims
» Implement good HR policies and procedures and follow them » Conduct thorough investigations of employee complaints You should do » Performance Evaluations Common the following: » Document, document, document Issues That Impact Claims » Ignore employee complaints » Retaliate against an employee for
Slide 12: Policy Placement Issues in the Marketplace
Policy Placement Issues in the 03 Marketplace
Slide 13: Placement Issues
Placement Issues After years of hardening market conditions, we are now entering into a more stabilized and improving state of the market. • Increased premiums along with increased retentions/deductibles over the past few years • Coverage restrictions • Increasing underwriting standards BROWN & BROW
Slide 14: Placement Issues: Underwriting and Coverage Restrictions
Placement Issues • Underwriting Standards • Coverage Restrictions » Additional underwriting information » Biometric Privacy required » Wage & Hour o Supplemental applications – biometric » Separate, higher retentions privacy questions, Covid-19/vaccine o Mass/Class action questions o State specific
Slide 15: Questions and Answers
Questions and O Answers (1)
Slide 16: Find your solution at BBrown.com
Find your solution at BBrown.com Any solicitation or invitation to discuss insurance sales or servicing is being provided at the request of Hays Companies, Inc, an owned subsidiary of Brown & Brown, Inc. Hays Companies, Inc. only provides insurance related solicitations or services to insureds or in