It's no secret that most E&O claims against agents arise from their clients' own uninsured claims. While the law regarding the duty to recommend insurance varies by both state and circumstance, if you happen to be aware of an uninsured risk your client faces, it is never a bad idea to suggest insurance that could protect her against that risk. Plus, there is clearly a side benefit to you: As your client's uninsured exposures are reduced, so too are your own E&O exposures.
Employment practices liability (EPL) continues to be a large source of exposure for businesses of all sizes. Claims involving sexual harassment, discrimination, the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), the Fair Labor Standards Act (FLSA) and wrongful termination continue to make headlines around the country.
Claims against small and midsize companies appear to be driving current growth. FLSA claims have experienced astronomical growth over the last decade or so. Consider that in 2002, 2,035 FLSA claims were filed, while in 2013 this number reached 7,764, which represents a record high.
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