LRD represents insurers in claims arising under employment practices liability (EPL) insurance policies.  We assist insurers in analyzing coverage, evaluating underlying exposures, and obtaining successful claims resolution through direct negotiations, mediation, or coverage litigation. We understand the unique dynamics and coverage issues when dealing with EPL claims, and we counsel insurers with these issues in mind. We also have experience in litigating coverage disputes arising under EPL policies.

In our practice, we:

• Regularly represent insurers that issue policies providing employment practices liability coverage to insureds in all kinds of industries, including medical and other professionals, hospitality, media, manufacturing and construction. These matters often involve complex coverage issues concerning late notice, prior knowledge and related claims.

• Regularly represent insurers that provide employment practices liability coverage for professional employer organizations (PEOs) and their client companies. In addition to the coverage issues that often arise in connection with employment-related matters, these matters also involve issues concerning insured status of the client companies and other insurance.

• Assist insurers in navigating coverage issues in the context of bankruptcy.

Examples of recent experience include:

• Representing an insurer that issued a policy to a PEO whose client company was alleged in a class action lawsuit to have practiced widespread, systematic discrimination when placing temporary workers. Notwithstanding significantly unfavorable document evidence, we worked closely with defense counsel to secure reasonable settlement at a multi-day mediation. Also, we used significant coverage issues as a basis for an allocation of responsibility for the settlement.

• Representing an insurer in connection with highly-publicized claims of sexual harassment and discrimination against its insured, which managed a hotel in California. The matter involved a complex related claims analysis, ultimately resulting in an uncontested determination that the claims were deemed to have pre-dated the inception of our client’s coverage.