TechFlow Thought They Were Fully Insured... The Policy Ambiguity Proved Otherwise.
Most Employment Practices Liability Insurance (EPLI) policyholders never realize how specific policy language can affect their policies — until they learn how it can affect a claim. My Policy Advocate™ helps you understand your coverage before you need it.
TechFlow Software’s Documentation Failure*
Jennifer Thompson sued TechFlow for wrongful termination and retaliation after reporting harassment. TechFlow's EPLI insurer provided a legal defense but refused indemnity payment, citing a failure by HR to properly document Jennifer’s complaint. HR had only informal emails, not signed statements or formal investigation reports.
Potential Denial (The Ambiguity):
EPLI coverage is often conditional upon the insured’s adherence to proper internal procedures. Without thorough, formal HR documentation of complaints and investigations, EPLI claims face frequent denials.
Risk Identified by My Policy Advocate:
Documentation and HR process compliance as condition precedent.
Policy Language:
“The Insured must maintain documented HR procedures and records of all complaints, investigations, and actions.”
Discovery by Clara, our Ai Assistant:
Clara highlights the policy's requirements for HR procedure documentation and records, crucial for satisfying the condition precedent of the policy.
Questions to Ask Your Agent:
- What documentation must be maintained to satisfy EPLI conditions?
- Does my HR team understand their obligations, and are internal audits performed?
* This scenario described is fictious and is solely for illustrative or educational purposes so the insured has the opportunity to discuss these issues with their licensed insurance producer.
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