EPLI

Hopefully the proprietor of this fine establishment in Greensburg, PA has an agent who has educated their client on possible coverage options, in addition to doing whatever quality control work they feel compelled to do...

I've not spent much time writing about Employment Practices Liability, as it really belongs in the "management liability" category, but as I see more and more submissions I think it's time to offer some thoughts. As you probably know, many, many standard carriers provide this coverage, so most agents have access to markets. However, there are some other considerations and here are just two things to be aware of; (1) tougher risks, like restaurants, real estate and law firms for example, don't have as many market options available and (2) even though this is a highly competitive class, coverage options are still all over the place.

Here are some policy benefits or coverage options you should be aware of...

Risk Management: I know, I know, most insured's could care less. Hopefully as an agent you're at least talking with your client about the benefits of using the services many carriers provide at no cost to your customer. Those services vary with the carrier but can include:

• online access to forms and procedures
• worksheets/checklists your client can use to see where they stand in comparison to other business operations
• some sort of telephone or internet based help line or similar service
• online or in office training for managers and/or employees

While I understand it's not going to be all that interesting to many insured's, those with claim history or larger or more sophisticated clients should be willing to factor these features into the mix.

ID Fraud Expense: This is definitely not an option that is universal, but some of the carriers are now including a small limit for ID Fraud Expense Reimbursement per employee as a value added item. Usually the "coverage" is for the cost of clearing up credit, not coverage for any lawsuits, and includes some help in navigating through the process. Limits are in the $1000 to $2500 range per employee, but the insured may have the option to purchase a higher limit.

Information Security: This may also be referred to as Network Security, Data Breach or Cyber Liability. There may well be other terms used by other carriers. The coverage could be for the full policy limits, or could be provided as a sub-limit. If this coverage is added by endorsement or included in the policy wording, make sure you understand how it applies. In general, data breach is for loss that arises out of unauthorized access to private data. If it's added to an EPL policy, you should expect it to apply to employment information for past, present or future (applicants) employees.

That's a critical point, because if that's how coverage applies (employees or applicants for employment) it will not substitute for data breach/information security coverage your client may need if they acquire and maintain private data for customers. Don't make the mistake of assuming that "data breach" is "data breach", i.e. it's all the same coverage, and make sure your client is aware of what is intended and what is not.

More to follow...

Get Into the Habit of asking Questions on E&O Prospects

While I have had a variety of habits, one that I've never claimed is running, especially any great distance. There's a great deal of discipline involved with any training but I think even more so running, especially for long distance events.
Photo of the 2011 Boston Marathon
(John Tlumaki - Boston Globe)

We may not all be runners but we all have behaviors we repeat, and when we do things a certain way it's pretty difficult to change, whether it's adding or deleting behavior or trying to develop completely different behavior. For me it's maintaining an exercise regimen - and I have a "habit" of not being consistent!

Habits impact us in our work as well. If you're not used to writing professional liability coverage you may not be used to obtaining certain information that will speed up the underwriting processs. While it may not become "habit" if you don't see alot of this business, if you keep the following in mind it should help save you some time:

1. Current Carrier Info: If there is current coverage in place, find out what carrier is writing it now, limit, deductible, expiration date and the retroactive date of the current policy. If you can determine the existing premium it will allow us to determine right away if we can be competitive, assuming that's important to you, and it usually is. If we're not sure about exact pricing we can at least give you an idea of minimum or likely premiums.

2. Retroactive Date: I know it's listed in item 1, but I see plenty of submissions without the retroactive (prior acts) date provided. It's almost impossible to provide an accurate quote on most risks without the retro date. Most applications have a place to list the current retro date, but it's frequently missed for some reason. Worse are apps that don't ask, so make sure you ask this question of your client. (If your client/prospect gives you a copy of the dec page the retro date may be listed, but check to be sure)

3. Loss Info: If there's been a claim, most carriers have a claims supplement they'd like completed. This is to provide some detail about what happened, which is usually missing from the loss runs and/or claim question contained on the app itself. It doesn't have to be on a formal supplement, if your client will provide a narrative that's fine also. What's also really helpful is if you can include any steps the insured has taken to eliminate or minimize the likelihood of future, similar claims.

4. Business description: This seems contrary to most people's thought process, but the more info you can provide the better chances of attracting more carriers and better rates. This is especially true with professional liability exposures. A simple example is a risk labeled "business consultant". The pricing and terms will depend on the details. If your client's operations include business "takeovers" and/or turn-around management, rates and marekes would be different than for a business consultant that's training office staff on matters involving customer service. Make sure we have the details.

Contact us today - we're happy to help with whatever issues, questions or accounts you may have.

Winning - Adding and Amending Coverage

The anniversary of the 1980 USA v Russia Olympic Hockey win is February 25th. This photo is from the post game celebration when the USA defeated Russia to advance to the gold medal game. Russia's team was expected to win, and the USA victory was punctuated by Al Michael's television call "Do You Believe In Miracles?!"

There's no doubt that it's a still a tough market, and "winning" is not easy, but it's still a great time to write E&O and Professional liability insurance.

Rates are still very competitive, and while it's possible that rates will increase at some point, right now there are numerous markets that are still aggressively seeking business.

Keep in mind it's not just rates that will help you write new business and retain renewals. Carriers are still revising their policy forms, usually to broaden coverage. If a carrier has not recently revised their wording, there's a good chance that they have one or more endorsements that will amend/improve coverage in certain key areas.

The most recent example I can offer is a submission for an engineering firm. This particular client was aware of a situation one of his competitor's experienced, where there was a need for defense for an issue that was brought by a regulatory authority. That engineer had to hire an attorney and the process cost the engineering firm nearly six figures.

Several of our carriers offered this coverage at varying sub-limits, but our best pricing originally didn't include the coverage. We were able to negotiate that coverage into the policy at a sub-limit of $25,000 per incident, $50,000 per policy period, and the deductible does not apply. The policy and the negotiated coverage helped our client win the account.

I'll give some other examples of coverage options in future posts, but if you have questions about what might be available for your client please call or email. We'll do all we can to help you win on your next opportunity.