The Growing Significance of Employment Practices Liability Insurance

Dolan, James B., Jr., Defense Counsel Journal

IADC member James B. Dolan Jr. is a founding partner of Badger, Dolan, Parker & Cohen in Boston, Massachusetts. This article, which originally appeared in the January, 2006 Employment Law Committee newsletter, discusses employment practices liability insurance.

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Employment practices liability (EPL) insurance is a form of coverage specially written to insure employers against liability for claims of discrimination, sexual harassment, and wrongful termination by their employees. Because of their dual role as counsel for others and employers in their own right, lawyers should be familiar with the specifics of this coverage. Plaintiff's counsel should be alert to inquiring about the existence of EPL coverage because it may facilitate settlement of claims and collection of favorable judgments. Insurance defense counsel may be retained to defend for EPL carriers. All defense counsel should carefully explore whether clients who did not purchase an EPL policy might have a right to defense or indemnity under other common policy forms. Coverage counsel may represent insurers, employers, or claimants in EPL coverage litigation. Finally, since lawyers are often employers as well, they may be involved in …

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Publication information: Article title: The Growing Significance of Employment Practices Liability Insurance. Contributors: Dolan, James B., Jr. - Author. Journal title: Defense Counsel Journal. Volume: 73. Issue: 2 Publication date: April 2006. Page number: 197+. © 1999 International Association of Defense Counsels. COPYRIGHT 2006 Gale Group.

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