Is there a CGL that provides work-related injuries to employees?

[ColemanInsurance]

I had a client whose employee suffered an injury, while performing their normal work-related duties. Curious to find out if there is a CGL policy/carrier that would provide coverage for the injured worker. If there is a surplus lines carrier who offers to provide such coverage, would be interested to know, as well.

Thank you.

 

[fed up]

What is his WC policy?

 

[ColemanInsurance]

My client declined my suggestion to purchase WC. I am in the middle of an E&O claim, and an "expert," claims I should have found a CGL policy that would cover an injury an employee (not a "temporary" or "leased" worker) suffered through their normal course of employment.

 

[fed up]

Do you have a written refusal for the WC? What state, how many employees?

 

[fed up]

EPLI instead of WC. But it is in addition to GL

 

[ColemanInsurance]

I have email documentation that I provided the client with a WC application. Are you suggesting EPLI would, possibly, cover an injury an employee suffers through their normal course of employment? If so, isn't EPLI a separate policy from the CGL?

 

[fed up]

Defineately a separate policy and would depend on what the claim is over. It is not a WC stand in. I would send any emails you have to your E&O carrier and let them handle things. Many BOP's include WC but it is a separate policy as part of the package. Next time walk away from a business owner who declines coverage

 

[adjusterjack]

EPLI instead of WC

No.

The following from the International Risk Management Institute (IRMI):

"Employment Practices Liability Insurance (EPLI) — a type of liability insurance covering wrongful acts arising from the employment process. The most frequent types of claims covered under such policies include: wrongful termination, discrimination, sexual harassment, and retaliation. In addition, the policies cover claims from a variety of other types of inappropriate workplace conduct, including (but not limited to) employment-related: defamation, invasion of privacy, failure to promote, deprivation of a career opportunity, and negligent evaluation. The policies cover directors and officers, management personnel, and employees as insureds. The most common exclusions are for bodily injury (BI), property damage (PD), and intentional/dishonest acts. EPLI policies are written on a claims-made basis. The forms contain "shrinking limits" provisions, meaning that insurer payment of defense costs—which are often a substantial part of a claim—reduce the policy's limits. This approach contrasts with commercial general liability (CGL) policies, in which defense is covered in addition to policy limits. Although EPLI is available as a stand-alone coverage, it is also frequently sold as part of a management liability package policy. In addition to providing directors and officers (D&O) and fiduciary liability insurance, management liability package policies afford the option to cover employment practices liability (EPL)."

Employment Practices Liability Insurance (EPLI) | Insurance Glossary Definition | IRMI.com

Are you suggesting EPLI would, possibly, cover an injury an employee suffers through their normal course of employment?

I hope he isn't. Cause it won't.

an "expert," claims I should have found a CGL policy that would cover an injury an employee (not a "temporary" or "leased" worker) suffered through their normal course of employment.

Whose "expert"? The enemy's? Your E&O attorney should know that your defense is that there is no such thing.

You haven't said what state you're in. WC is a statutory requirement in most states. If yours is one of them, that's another defense.

Are you just in the "claim" stages or has a lawsuit been filed against you?

 

[fed up]

I thought I was clear about the difference between WC and EPLI. Never stated what the "injury" was. Also I think the attorney is classifying the agent as the expert.

 

[ColemanInsurance]

Whose "expert"? The enemy's? Your E&O attorney should know that your defense is that there is no such thing.

The plaintiff's attorney obtained the "expert" statement. The "expert" is an past insurance commissioner. The "expert" claims the CGL covers injuries employees suffer while performing their normal/usual duties, and then followed up by stating that I failed to find a CGL policy that would cover the employee's injury (contradicting statements).

I, as well as the attorney handling my E&O claim, am aware the CGL excludes injuries to employees, suffered during their normal course of employment. We just want to leave no stone unturned, and confirm if anyone is aware of a CGL carrier whose CGL policy would have covered the injury.