Insuring Against Sexual Misconduct Claims Post-Weinstein

Avoiding Coverage Gaps in D&O, EPLI, CGL, E&O and Professional Liability Policies

This program has been cancelled

A live 90-minute CLE webinar with interactive Q&A


Thursday, March 22, 2018

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, February 23, 2018


This CLE webinar will guide counsel for insurers and policyholders in addressing a critical coverage component in commercial insurance policies —sexual harassment and discrimination claims. Our panel of experienced insurance practitioners will discuss how to assess coverage gaps across a number of policy types (D&O, EPLI, CGL, E&O and professional liability), policy terms worth close attention, and critical steps after a claim is filed.

Description

Sexual harassment and discrimination claims can take myriad forms—from EEOC complaints to Title VII or Title IX claims. The recent surge, in both awareness and number, of these types of claims requires businesses to reassess preparedness to handle such claims, and increasingly, determining whether the allegation is an insurable risk.

In recent years, organizations of all sizes have relied upon D&O and Employment Practice Liability Insurance coverage when defending accusations of sexual misconduct. While these policies provide coverage for executives and employees against claims alleging “bad acts” related to their employment, there are critical distinctions in the scope and duration of coverage that counsel must consider when advising clients.

Typically, standalone EPLI provides coverage for current and former employees, executives, and the company. It may also be added as an extension to a company’s D&O policy but may be subject to some limitations. Counsel must prepare to address coverage gaps and minimize the impact harassment and discrimination claims can have on insureds. Practitioners must also be ready to advise their clients when misconduct claims arise in the context of CGL, E&O and professional liability policies.

Listen as our authoritative panel provides critical guidance on negotiating key policy terms that will allow policyholders to address meritorious claims and protect innocent parties against frivolous accusations.

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Outline

  1. EPLI and D&O coverage for sexual harassment and discrimination claims
  2. CGL, E&O and professional liability coverage for misconduct claims
  3. Factors contributing to increase in claims

Benefits

The panel will review these and other key issues:

  • Factors and trends that fuel increased sexual harassment and discrimination claims
  • How to assess coverage gaps
  • Policy terms and verbiage worth special attention in negotiation

Faculty

Schafler, Seth
Seth B. Schafler

Partner
Proskauer

Mr. Schafler practices in the firm’s Insurance Recovery & Counseling Group. He has represented high-profile...  |  Read More

Additional faculty
to be announced.