Updates inside the full report include the
following:
- 91 pages with 21 different kinds of charts
comparing 32 of the most prominent insurers writing employment
practices liability insurance
- An update on rate trends, broken down by insurer
premium volume and market focus
- A special section highlighting insurer’s statements
regarding possible responses to increasing sexual harassment
allegations
- The addition of 2 new insurers to
the comparison charts
- Added comparisons of insurers’ definitions of
sexual/gender identity, retaliation, whistleblower, and
immigration offences
- A look at certain constraints on market
growth
- A breakdown of direct written premium by
2-digit NAICS code (for the industry as a whole)
- Forecasted 2018 growth for several middle-market
segments
- An analysis of 2 “problem areas” for EPLI
claims, including how various insurers are responding
- An estimate of total capacity in the market
- A look at how insurers are addressing punitive damages
coverage, wage and hour coverage, third-party liability, and
workplace violence coverage
- An update on insurer willingness to allow insureds
to select or approve counsel
Why The Betterley Report?
Agents and
Brokers—Sell more and grow revenue by pinpointing errors in
competitors’ policies/proposals.
Risk Managers and Insurance Buyers—Identify, eliminate, or
avoid coverage gaps with coverage comparison charts.
Underwriters—Research competitors with quick policy
comparisons.
Attorneys—Keep up with year-to-year trends in policy form
development.
Consultants—Identify markets and match them up to your
clients' needs.
Imagine that you or your client is faced with a
lawsuit alleging patterns of discrimination or harassment within its company
practices. Even worse, all of the evidence seems to suggest that employees have
been fired in retaliation for trying to bring these issues to light. Along with
the reputational damage that the headlines bring, costs begin to rack up in the
form of defense expenses and, eventually, costly settlements.
- "What are the best insurance products available to
protect against this circumstance?"
- "How can financial losses be
minimized?"
- "How could my company (or my client) have been better
prepared for this liability?"
Depending on whether you are the risk manager, the agent or broker, the
consultant, or any other role, these are likely the questions you are asking
yourself. Big or small, employers in every industry are faced with the types of
employment practices liability exposures (among others) alluded to in the
scenario above.
The “Employment Practices Liability Insurance Market Survey—2017” edition of
The Betterley Report compares and contrasts the options available in
the insurance marketplace to address scenarios like this and sheds light on the
specific knowledge that can help any risk management and insurance professional
better address employment practices liability exposures.
Following a general overview of the state of the employment practices
liability insurance market, the report dives into the trademark feature offered
in each edition of The Betterley Report: More than 91 pages of
incomparably detailed charts comparing 32 of the leading employment practices
liability insurers. These comparison charts allow readers to see how
each of the 32 insurers stacks up with the others in terms of the
following.
21 types of insurer comparison charts available in full
report:
These comparison charts allow readers to see how each of the 26 insurers
stacks up with the others in terms of:
- Contact and Product Information
- Market Information
- Limits, Deductibles, Coinsurance, and Commissions
- Limits Usually Purchased by Carrier’s Insureds
- Special Coverages Available and Cost
- Third-party (non-employment) Coverage Available and Cost
- Joint Employer Coverage Details
- Policy Type, Who Is Insured, Definition of Claim
- Definition of Coverage (discrimination, harassment, wrongful
termination, retaliation)
- Definition of Coverage (sexual identity, gender identity, immigration
offenses, whistleblower offenses)
- Claims Reporting, Extended Reporting Period, Selection of Counsel,
Consent to Settle
- Prior Acts
- Coverage Territory
- Exclusions (accommodation expenses, assault & battery, back pay,
bodily injury)
- Exclusions (breach of employment contract; oral, breach of employment
contract; written, breach of employment contract; implied, change in
operations/reduction in workforce)
- Exclusions (change in operations/facility closure, class action
suits, consequential loss, front pay)
- Exclusions (intentional acts, personal injury, punitive damages,
prior acts, retaliatory acts)
- Risk Management Services Included in the Policy at No Extra Cost
- Risk Management Services—Consultation Services
- Risk Management Services—Training and Education
- Risk Management Services—Outreach
Sample Market Information from Full Report
Below is a small sample of the information that is available for each of the
32 insurers via the 21 different types of charts included in the full
report.
| Market
Information |
| Carrier |
Target Markets and Number of
Employees |
Target Markets
Industry |
Prohibited
Insureds |
Prohibited States |
| Devon Park Specialty |
No |
Private companies with 201 up to 1,500 employees. Nonprofit
organizations with 201 up to 1,500 employees or over $15 million
revenue |
Adult Entertainment, Aviation, Bars/Taverns, Casinos, Coal Mines,
Colleges/ Universities, Entertainment Industry, Government Agencies,
Hospitals, Stockbrokers, Unions, Venture Capital Firms, Massage
Services |
Louisiana
West Virginia |
| Third-party
(non-employment) Coverage Available and Cost |
| Carrier |
Discrimination |
Harassment |
Is Coverage Limited to Sexual
Harassment? |
Is Discrimination and/or
Harassment Coverage Limited to Business Relationships or Similar
Wording? |
| USLI |
Yes, via endorsement |
Yes, via endorsement |
No |
Acts committed by an Insured in their capacity as such while the
Insured is performing duties related to the conduct of the
Organization’s business |
| Definition of
Coverage 2 |
| Carrier |
Sexual Identity
Definition |
Gender Identity
Definition |
Immigration Offences
Definition |
Whistleblower Offenses
Definition |
| The Hartford |
Orientation or preference |
Identity, makeup, or refusal of testing |
Defense Costs resulting from any Immigration Wrongful Act
(investigation or violation of IRCA or similar federal and state
law) |
Any whistleblower claim under FCA, SOX or similar |
Your Objective Source: A Renowned Industry Expert
Richard
S. Betterley, LIA, is the president of Betterley Risk Consultants (BRC), an
independent insurance and alternative risk management consulting firm. BRC,
founded in 1932, provides independent advice and counsel on insurable risk,
coverage, alternatives to traditional insurance, and related services to
corporations, educational institutions, and other organizations throughout the
United States. It does not sell insurance or related services.
Mr. Betterley is a frequent speaker, author, and expert witness on specialty
insurance products and related services. He is a member of the Professional
Liability Underwriting Society. Mr. Betterley began his role with the firm in
1975.
Mr. Betterley created The Betterley Report in 1994 to be the
objective source of information about specialty insurance products. Now
published six times annually, The Betterley Report is known for its
in-depth coverage of management liability, cyber-risk, technology, intellectual
property, and media insurance products.
More recently, Mr. Betterley created The Betterley Report Blog on
Specialty Insurance Products, which offers readers updates on and insight
into insurance products such as those covered in The Betterley Report.
It provides him with a platform to more frequently and informally comment on
product updates and newly announced products, as well as trends in the
specialty insurance industry.
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Technology E&O Market Survey
The Betterley Report is distributed by International Risk
Management Institute, Inc. (IRMI) and may be accessed by subscribers on IRMI
Online. To purchase a subscription, call IRMI Client Services at (800) 827–4242
or learn more on IRMI.com.
Betterley Risk Consultants is an independent insurance and alternative risk
management consulting firm. Founded in 1932, it provides independent advice and
counsel to corporations, educational institutions, and other organizations
throughout the United States. It does not sell insurance nor provide
insurance-related services.
Betterley Risk Consultants, Inc.
Thirteen Loring Way • Sterling, Massachusetts
01564–2465
Phone (774) 262–3460
e-mail: [email protected]
The editor has attempted to ensure that the information in each issue is
accurate at the time it was obtained. Opinions on insurance, financial, legal,
and regulatory matters are those of the editor and others; professional counsel
should be consulted before any action or decision based on this matter is
taken. Note: all product names referred to herein are the properties of their
respective owners.
The Betterley Report is published six times yearly by Betterley
Risk Consultants, Inc. This material is copyrighted, with all rights reserved.
ISSN 1089–0513