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When Does a 'Claim' Arise for Purposes of an Employment Practices Liability Insurance Policy?
Many times a policyholder-employer can predict the potential for an employment-related claim long before that claim materializes into formal litigation. An employee, for example, may complain to a supervisor about an unlawful employment practice. She then may submit a written complaint to human resources. If that complaint does not get resolved to her satisfaction, the employee may file a complaint with an administrative agency, such as the Equal Employment Opportunity Commission (“EEOC”), or have her attorney send a letter to the policyholder-employer. After exhausting her administrative remedies, the employee may file a lawsuit.
Employers insure against losses arising from certain employment-related claims by obtaining employment practices liability insurance (“EPLI”) policies. Critical to those policyholder-employers is the question of at what stage of the process, described above, must the insurers be placed on notice. The failure to give timely and proper notice, under certain circumstances, could result in the forfeiture of coverage. As will be explained below, the answer to this question often is controlled by the policy's definition of a “claim.” The definition, however, varies among different EPLI policies. In addition, the specific content of an employee's complaint can affect the answer. This article analyzes different trends in the law concerning what constitutes a “claim” for purposes of an EPLI policy.
New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.