Updates inside the full report include the
following:
- 76 pages with 21 different kinds of charts
comparing 28 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 Arcadian Risk to
the comparison charts
- A look at take-up rates for small
commercial, middle market, and large insureds
- A breakdown of direct written premium by
NAICS code (for the industry as a whole)
- An analysis of 3 "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
- Four different types of tables highlighting the
risk management services differentiating each insurer
from the others
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"
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: Incomparably detailed
charts comparing the leading employment practices liability insurers.
These comparison charts allow readers to see how each of the 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 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
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 |
Private companies up to 3,000 employees. Nonprofit organizations
with 201 up to 3,000 employees or over $15 million revenue |
Construction, Food Service, Hotels, Information, Manufacturing,
Professional Services, Property Managers, Retail Trade, Scientific
Services, Services, Technology Services, Transportation, Warehousing,
Wholesale Trade, and broad range of Nonprofit organizations |
Adult Entertainment, Auto-dealers, 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 matters
important to the commercial property and casualty insurance industry and its
customers, alternatives to traditional insurance, and related services
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 and joined 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.
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The Betterley Report, your independent guide to specialty insurance
products, is a series of six comprehensive reports published annually by
Betterley Risk Consultants and distributed by International Risk Management
Institute, Inc. (IRMI).
The Betterley Report may be accessed by subscribers on IRMI Online
or Vertafore ReferenceConnect. 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 throughout the United States. It does not sell
insurance nor provide insurance-related services.
Betterley Risk Consultants, Inc.
235 Forest Lake Rd. • Friendship, Maine 04547
Phone (774) 262–3460
email: [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