Bermuda EPLI

  • Now provides coverage for claims asserted by third party non-employees inside the policy form.

Coverage

  • Expansion of common law violations to specifically include
    • Assault and battery
    • Malicious prosecution
    • False arrest or imprisonment
    • An expanded scope of claims for invasion of privacy that includes unlawful disclosure of an employee’s medical information, credit information, or unauthorized use of background, criminal records, or other personal employee information obtained in connection with employment related screening.
  • The provision of the Markel policy governing the repayment of uncovered loss amounts provides that each insured is responsible to repay only those amounts paid in accordance with their respective interests. Other policies do not make this distinction.
  • There is no separate retention for mass/class actions.
  • The insured can now choose the location of an arbitration outside the US (from four locations in London; Bermuda; Toronto, Canada; or Vancouver, Canada) or choose to use a form that provides for arbitration in the US pursuant to JAMS International Arbitration Rules and Procedures.
  • The insured may exercise the option to purchase the extending reporting period up to 90 days after the cancellation or expiration of the existing Markel policy.
  • Coverage is extended for claims brought against directors of charitable organizations when an insured is requested by the insured entity to sit on the board.

Definitions

Third party non-employees is broader than other policies because it is not limited to business invitees or individuals doing business with the insured.

Claims now include proceedings or investigations by the US Office of Federal Contract Compliance.

Employee is broader than other policies, as it includes, without limitation, natural person independent contractors and volunteers directed by the insured entity.

Loss amounts specifically includes the value of stock awards, including the value of awarded unvested stock options or grants that are alleged to have been unlawfully terminated, when awarded as compensation.

Now provides coverage for certain civil fines.

Third party non-employees definition of loss amounts now includes training, reeducation, sensitivity, or protected class development programs the Insured entity is obligated to institute

Executive leadership

Jim Gray
Executive Underwriting Officer, Professional Liability
441-294-2261
jimg@markelcorp.com

Product leadership

Sal Pollaro
Managing Director,
Management Liability
212-551-2281
spollaro@markelcorp.com

Sharon Lynch
Senior Director,
Professional Liability
441-279-2324
sharon.lynch@markelcorp.com