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Employer's Failure to Give Notice of Claim Bars Insurance Coverage
An increasing number of employers have begun purchasing insurance, sometimes referred to as “employment practices liability insurance” (EPLI), or as a rider to a directors and officers liability policy, to cover any employment claims that arise in the workplace.
However, as with any insurance agreement, it is essential that you scrupulously follow any of the provisions contained in the insurance agreement to preserve its coverage. One such requirement, contained in virtually all EPLI policies, is that the employer promptly notify the carrier in the event that any employment claims, potentially covered under the policy, are made.
While the receipt of a summons and a complaint in a lawsuit is clearly a “claim” ' and should be reported to the carrier as soon as possible ' often as a prelude to the litigation, there is an exchange of correspondence, sometimes from plaintiff's counsel, suggesting informal resolution of a specific workplace dispute. Depending upon the phrasing of the dispute and the suggested resolution, an employer may be lulled into thinking that it has no obligation to report such an event to the carrier. Think again! As one California employer learned, its failure to promptly alert its carrier until after the formal lawsuit was filed was too late and coverage was lost. Westrec Marina Mgmt., Inc. v. Arrowood Indemnity Company, 163 Cal.App. 4th 1387 (2008).
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