Q: Does your policy provide prior acts coverage?

A: Yes, subject to the Prior Notice, Knowledge and Litigation Exclusion (II.F.). There is no limiting retroactive date in the policy. When replacing coverage from another EPL carrier with BISYS EPLI Program, please note that we do provide continuity of coverage for prior knowledge back to the original inception date, so long as the Insured has maintained continuous EPL coverage.

Q: Does your policy provide punitive damages coverage?

A: For an additional premium, punitive damages coverage is available so long as the law of the jurisdiction most favorable to the insurability of punitive damages shall control, if applicable. The insurability of punitive damages differs from state to state. Additional information regarding the insurability of punitive damages by state can be found with the following link: www.mcandl.com/puni_frame.html

Q: Does your policy provide third party coverage?

A: Third party coverage is provided via endorsement. Third party coverage protects the Insured from claims brought by non-employees based on the actions of the Insured’s employees. Third party coverage is particularly important for those Insureds who have extensive contact with non-employees, such as restaurants & hotels. Without third party coverage, the policy still protects the Insured from claims brought by employees due to the actions of third parties/non-employees

Q: Where do I report claims?

A: Claims can be reported directly to our claims counsel as listed on our binders, Item 8. on our Declaration pages and as follows:

O'Hagan Spencer, LLC
Attn: Laura Zaroski
1 East Wacker, Suite 3400
Chicago, IL 60601
312-422-6142 Direct Dial
312-422-6100 Main
312-422-6110 Fax
Email: lzaroski@ohaganspencer.com

Claims can also be reported directly to Attn: EPLI Claims, BISYS EPLI Program, via FAX: (312) 879-1335.

Q: What claims need to be reported under your policy?

A: The following are considered Claims and need to be reported in writing within 30 days of the date the Claim is made, or as soon as practicable:

• Lawsuits
• Written demand for monetary damages
• An arbitration proceeding;
• Administrative or regulatory investigations or charges – Examples would be an EEOC charge or state agency charges. For example, the California equivalent to the EEOC is the Department of Fair Employment and Housing (DFEH) and the Illinois equivalent is the Illinois Department of Human Rights.

Q: Who is covered under your policy?

A: Coverage is provided to all Employees, including applicants and former Employees. Employees include directors, stockholders, officers, partners, managers, supervisors, full-time, part-time, seasonal, volunteer and temporary employees. Coverage is also provided to the Insured entity, whether that is a corporation, partnership or joint venture.