Layoffs, downsizing, mergers between practices, salary freezes and reductions in benefits can be used by past and present employees as evidence of “tangible adverse employment actions” to file charges of discrimination, harassment, retaliation and wrongful termination against employees. You wouldn't consider going without malpractice insurance but going without employment practice liability coverage can be just as costly. Our coverage packed product is offered by an "A++" rated carrier.

Ineligible Medical Providers EPL
Please note we cannot offer coverage to the following:
  • Applicants located in LA and WV
  • Risks with one to two employees (excluding the owner)u More than two employment practices claims or circumstances in the last five yearsu Any past patient molestation claim or third-party discrimination claim in the last five years
  • Abortion clinic: Medical management company/ Professional employment organization
  • Home Health Care: Substance abuse treatment, rehabilitation or counseling center

Available EPL Coverage for Medical Providers
  • Employment Practices Liability including third party discrimination and third party harassment (available for most classes of business)
  • $250,000 separate limit for defense costs for allegations of patient molestation offered automatically (available on most accounts; some restrictions may apply)
  • Fair Labor Standards Act (FLSA) - $100,000 sub-limit for defense costs and loss (available to most accounts in most jurisdictions)
  • Defense and Settlement Provision (“Hammer Clause”) softened to cover 75 percent of defense costs and loss after insured’s final refusal to consent to settle a claim
  • Defense outside the limit if a $500,000 limit or higher is chosen (does not apply to allegations of patient molestation or violations of FLSA)
  • Full Prior Acts coverage for claim-free accounts in most states
  • Punitive damages with most favorable venue wording included in the definition of loss (available in most jurisdictions)
  • Supplemental payments for attorney fees and other costs, expenses or fees resulting from the investigation or defense of a proceeding before the state licensing board, local medical board or society or governmental regulatory body regarding allegations of patient molestation (available for most classes of business)
  • Front and back pay included in the definition of loss
  • Wrongful act definition expanded to include coverage for the negligent violation of the Uniformed Services Employment & Reemployment Rights Act (USERRA)
  • Independent contractors are included in the definition of employee
  • Modified severability Spousal liability extended to domestic partners
  • Final adjudication wording for fraud exclusion
  • Defense costs coverage for breach of express employment contract
  • Defense costs coverage for claims involving the modification of real property

Coverage Limits Available for Medical Providers EPL
  • Employment practices liability up to $5,000,000
  • Fair Labor Standards Act (FLSA) included at $100,000 in most jurisdictions (defense and indemnity)
  • Patient molestation (defense only) included at $250,000 for eligible classes