ABA Journal of Labor & Employment Law, Volume 33
Stephanie D. Gironda and Kimberly W. Geisler examine the typical provisions and structure of an employment practices liability insurance (EPLI) policy and highlight issues important to understanding the basic contract. The authors bring their combined experience to show that employment lawyers on both sides of a dispute must understand the provisions of EPLI policies that will increasingly influence the course of litigation and settlement negotiations. Plaintiffs’ counsel must strategize to maximize insurance coverage. Defense counsel retained by EPLI insurers may face ethical conflicts when determining who the client is, who controls the defense, and who controls settlement.