Several years ago, I was the agent handling an employment-related charge of sexual harassment that was filed against a high-ranking officer of a financial institution, who also was a prominent member of the community.
Although the claim was very tame in comparison with headlines of today, people who knew this man could not imagine they were true. Fortunately for the defendant, his company carried an employment practices liability (EPLI) policy that defended the case. Had he been found to have committed a wrongful act, the policy would also have paid the damages.
Many companies, however, do not purchase EPLI coverage. When faced with a similar situation, the alleged harasser and/or the employer may be on the hook for defense and any damages. But are there other insurance avenues that should be considered for defense costs when EPLI is not available?
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