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The EPL Book
Critical
Review
EPL Book Succeeds As One-Stop
Reference
By Kevin M. Quinley
Mitsubishi, Texaco, Circuit City.
No, this is not a string of hot stock tips. Rather, it is a partial
list of companies stung by harassment, wrongful termination and
discrimination claims, all of which seem to be growing. Further,
the damage awards to plaintiffs are growing to such an extent
that employment practices liability suits pose devastating financial
challenges to many organizations.
This book couldn't be more timely.
Recent statistics show that since 1990, there has been more than
a hundred-fold jump in complaints filed with the Equal Employment
Opportunity Commission. Claims alleging workplace discrimination
produce an average court award of $300,000. Sexual harassment
claims net-on average-awards of about $150,000 apiece. Those
are just the cases going to trial, excluding those settled without
going to court.
Along comes "The EPL Book"
from Griffin Communications to address these thorny situations.
This book is a team effort, and the team members are solidly
credentialed. Andrew Kaplan is a management labor consultant
with a Los Angeles law firm. Rachel McKinney is a senior underwriter
with Swett & Crawford. Beth Schroeder and Leonard Surdyk
are employment lawyers. Although some have joked that, "A
camel is a horse designed by a committee," let the record
show that the committee approach to this book works very effectively.
"The EPL Book" aspires
to be to employment practices what "The D&O Book"
(also by Griffin Communications) was to directors and officers
exposures: a one-stop reference for risk managing a specific
exposure. For the most part, it succeeds. "The EPL Book"
is a treasure trove of useful information, providing discussions,
chart comparisons, sample policy forms and graphic illustrations
of key EPL coverage concepts that are not likely to be found
in any other single source.
Further, "The EPL Book"
is a handy tool kit for busy risk managers and insurance professionals
tackling this new and important line of coverage. the book contains
detailed explanations of key policy terms, conditions, definitions
and exclusions. Presenting the material in a thorough and non-technical
style, "The EPL Book" supplements its discussions with
illustrations, charts and graphs that help decipher and untangle
the often non-standard EPL coverage features.
Don't get the idea, though, that
this book is just about insurance. What sets it apart in breaking
new ground is its treatment of EPL exposures from a "total
risk management perspective." Thirteen chapters cover everything
from the history and status of employment law to why most existing
business insurance policies offer little or no coverage for EPL
claims. There is even a handy and detailed chapter containing
a broad range of statistical loss data pertaining to these claims.
While at one time buyers could
dismiss EPL coverage are nearly impossible to procure, that is
not the case now. Increasingly, due diligence dictates that agents,
brokers and risk managers formally determine whether and how
EPL coverage fits into the organization's overall portfolio of
risk management techniques.
Some risk managers may consider
the most useful resource to the use-friendly comparison charts
that enable insurance professionals to quickly compare hundreds
of coverage features among dozens of different policy forms.
These charges should provide to be a terrific resource in buying
EPL coverage.
One caveat: EPL coverage is a
dynamic realm, beset with change. The form comparisons contained
in "The EPL Book" may have a limited shelf life. Because
the value of the "The EPL Book" may diminish over time
in this respect, the publisher should consider periodic supplements
and updates to track the ever-changing EPL marketplace.
For the burgeoning field of EPL
risk management, though, "The EPL Book" sets the standard,
a benchmark by which all other works in this area will be compared.
Any company with employees would be well served by reading and
heeding its risk management advice.
Kevin M. Quinley is senior
VP of risk services for MEDMARC Insurance Co. Inc. and subsidiary
Hamilton Resources Corp., both of Fairfax, Va. He holds the Chartered
Property & Casualty Underwriters and Associate in Risk Management
designations.
Usage permission provided
by BUSINESS INSURANCE. Issue of November
17, 1997, copyright 1997. Crain Communications Inc. All rights
reserved.
The EPL Book
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