Tuesday, April 10, 2012

EPLI: Illegal Alien Investigative Proceedings…

th_Coneheads

If this photo conjures up a smile or a memory or two, you're welcome. If it means nothing at all, ask an “experienced” member of your agency. Or your parents...

This is a short post to make you aware of a unique coverage that may be available to your client as part of an EPL policy...

Illegal Alien Investigative Proceeding Coverage. OK, I'm having a little fun with the photo, but I'm not kidding about the coverage, it really does exist. I know of only a few carriers that offer this right now, and for those carriers this coverage is added by endorsement. The policy wording is amended to show that a "claim" includes a criminal investigation by a governmental agency based on the allegation that the insured hired illegal aliens.

Note that the amendment is for the investigation, not for fines, penalties or anything else, so the carrier is going to pay for legal expense in connection to an investigation involving the insured entity. Be careful here - know whether or not the wording covers the insured, the insured entity or both. The form I've reviewed specifically says insured entity. Also be aware of the limits - usually this is going to be fairly low limits ($25K or $50K) and those limits are part of and not in addition to the policy limits.

Obviously if your client knowingly hires or "harbors" illegal aliens, it's, well, illegal. That could have an impact on how the carrier looks at other coverage provided, and probably will have an impact on whether they renew the policy or not. Interestingly enough though, based on the policy I looked at, an EPL claim would not be rejected if a covered act is committed by an employee who is here illegally. The policy wording I looked at doesn't specifically exclude acts by "illegals", only illegal acts.

Food for thought. Mass quantities of food…