HCC Specialty Employment Practices Liability Insurance In today’s work environment no business is immune from the threat of workplace litigation and employment related claims. These claims are filed as frequently against small businesses as they are against larger employers. Small to mid-size business owners are becoming increasingly vulnerable and the costs of defending such claims, which can be absorbed by the large companies, could financially devastate the smaller firms. What is Employment Practices Liability Insurance? Why HCC Specialty? HCC Specialty’s underwriters were among the first to develop an EPLI program. Our EPLI program offers broad policy coverage language for discrimination, harassment and inappropriate employment conduct, including hostile work environment, failure to hire or promote, wrongful demotion, negligent evaluation, deprivation of career opportunity, retaliation, wrongful discipline, libel, slander, defamation of character and invasion of privacy. Employment practices liability insurance (EPLI) provides protection for an employer against claims made by employees, former employees or prospective employees alleging, among other things: Our affinity / franchise program is a key differentiator in the EPL marketplace. This program is designed for businesses operating under a franchise agreement and/or affinity groups with similar business operations and exposures. •Harassment The EPLI staff at HCC Specialty is experienced and •Discrimination knowledgeable, enabling an innovative approach to •Wrongful termination working with brokers and meeting clients’ needs. •Retaliation Additionally, our HR Pilot™ risk management services are •Negligent evaluation available to all policyholders at no additional charge and •Failure to employ or promote include comprehensive services such as unlimited HR •Wrongful discipline support, step-by-step procedures for common HR issues •Deprivation of career opportunity •Negligent infliction of emotional distress •Violations of FMLA and USERRA •Other inappropriate employment conduct HCC Specialty has earned a reputation for reliability, service, expertise, flexibility and exceptional turnaround time. Most employment practices liability submissions will receive a response within twenty-four hours; policies are issued within a few days of binding. We offer competitive pricing, terms and conditions and are backed up by a responsive, experienced and knowledgeable claims department. and employment law updates via e-mail. Employment practices liability coverage should no longer be considered discretionary by organizations given the monetary repercussions they face defending employment related claims. Highlights Additional Policy Form Highlights Include: HR Pilot™ is available to all HCC Specialty’s affinity / franchise policyholders at no additional charge. program is designed for businesses •Low premium and retentions The services are comprehensive and operating under a franchise •Prior acts coverage include the following: agreement and/or affinity groups •Claims Made Policy Form •Unlimited HR support by telephone and e-mail with similar business operations and •State-specific online content for all 50 states program include: •Insured’s consent to settle provision •Duty to defend •Punitive damages are covered where insurable by law •No downsizing exclusion •No co-payment •No intentional acts exclusion •Limits up to $5 million •Step-by-step procedures for common HR issues (hiring to termination) •Spanish / English services (select posters, handbooks, training and complaint hotline) •102 sample employee handbooks Optional Coverage Endorsements Available for: •Third-party harassment and discrimination coverage, including ADA violations •Online training •Monthly manager training bulletins •Podcasts / webcasts •Audio conferences exposures. Typical risks placed in this Franchises •Restaurants •Retail •Auto repair / maintenance •Convenience stores / gas stations Affinity groups •Accountants •Architects and engineers •Restaurants •Pest control •Franchise endorsement •Employment law updates by e-mail Small business program •Wage and hour defense costs •Toll-free employee complaint hotline •Less than 50 employees •Punitive damages with most favorable venue •Independent contractors / leased workers Target Markets HCC Specialty’s EPL open market business is designed for businesses HR Pilot™ Risk Management Services with 750 or less employees. Typical Risk management services are as •Accountants important as the policy purchased, •Architects and engineers especially for small to mid-size •Contractors employers without an experienced •Hi-tech HR department to navigate complex employment issues. risks placed in this program include: •Manufacturers •Non-franchised restaurants •Retailers •Wholesalers / distributors •Located in one state Frequently Asked Questions* What does our EPL form cover? What types of loss does it cover? Our form covers an employer for allegations of sexual Loss means damages, judgments, settlements, statutory harassment, discrimination, wrongful termination, as attorney fees and defense costs (subject to the definitions well an employment related incident resulting in on the policy form). wrongful demotion or wrongful failure to employ or or deprivation of career opportunity; negligent hiring, Do you offer FSLA / Wage and Hour coverage? If so, is it included in the premium automatically? supervision or evaluation; retaliation; misrepresentation This coverage is offered to selected risks. If the applicant is or defamation; infliction of emotional distress, humiliation, eligible, they must fill out our wage and hour supplemental mental injury or mental anguish; false arrest, detention or application. If qualified, the Wage and Hour defense imprisonment; or libel, slander, defamation of character or sublimit of $100,000 can be purchased for an additional any invasion of right of privacy; employment terminations, premium. promote; wrongful discipline; wrongful denial of tenure disciplinary actions, demotions or other employment Leave Act or similar state law; violations of the Uniformed Do you offer a complaint hotline or risk management assistance? Services Employment and Reemployment Rights Act. Every policyholder receives access to HR Pilot™, our Who does it cover? the premium. An 800 number is provided for advice decisions which violate public policy or the Family Medical risk management service. This service is included in Our EPL form provides coverage for the entity itself, as regarding employment issues. Also provided is online well as individual owners, partners, members and their access for training, podcasts, sample policies and spouses, subsidiaries owned by more than 50%, directors, procedures, and more. officers and employees. *This page is designed to provide a concise overview of the provisions that have been the subject of frequent inquiries. It is not designed to replace the policy itself. For a full description of applicable provisions, please consult the policy wording. Coverage for a particular claim and/or individual is determined at the time a claim is made and reported and is subject to all terms and conditions of the policy issued. Contact us Chris Murphy Jade Rabacal Dana Reynolds Lauren Wilke Sandra Minott Underwriting Manager Senior Underwriter Senior Underwriter Senior Underwriter Senior Underwriter direct (415) 277 2475 direct (312) 609 7172 direct (415) 277 2463 direct (415) 277 2465 direct (914) 864 3211 cmurphy@hcc.com jrabacal@hcc.com dreynolds@hcc.com lwilke@hcc.com sminott@hcc.com Not all coverages of products may be available in all jurisdictions. The description of coverage in these pages is for information purposes only. Actual coverages will vary based on local law requirements and the terms and conditions of the policy issued. The information described herein does not amend, or otherwise affect, the terms and conditions of any insurance policy issued by HCC. HCC Specialty 50 California Street, Suite 1350, San Francisco, CA 94111 main (415) 288 0701 facsimile (415) 288 0771 HCC Specialty, a division of HCC Insurance Holdings, Inc., is comprised of HCC Specialty Underwriters, Inc., Professional Indemnity Agency, Inc., G.B. Kenrick & Associates, Inc. dba Kenrick Corporation, InsPro Corporation and HCC Public Risk. EPL11.13 hcc.com/specialty