• Workplace harassment is “non-sexual” harassment. “Harassment” is often not defined in specific terms in EPL policies. Often forms may include a detailed definition of “sexual harassment” followed by a more general definition of “workplace harassment” that is simply described as “non-sexual”. Two general descriptions (i.e. examples of policy statements) of “workplace harassment” activities include * “behaviour, flirting, contact or communication” and * “verbal, visual or physical behaviour”. “Bullying” is often specifically mentioned in the definition of “workplace harassment”. In addition, most policies do not provide specific examples of activities that constitute “workplace harassment”, instead preferring broader descriptions and referring in general terms to the definition of sexual harassment. Behavior such as using racist nicknames, attempting to convert employees to a different religion, disparaging a person’s ethnic origin, etc. generally fall under the definition of harassment.

  • A workplace misdemeanor is a tort committed in the workplace that can result in a lawsuit being filed by an employee against an employer. Workplace torts are those that cannot be categorized as wrongful termination, sexual harassment, and discrimination. Workplace torts are actions by an employer that fall outside the scope of workers’ compensation coverage but are subject to Employment Practices Liability (EPL) policies. Examples of wrongdoing in the workplace include constructive dismissal, wrongful demotion, retaliation, misrepresentation, and slander.

  • Workplace violence insurance covers costs incurred by a company as a result of incidents of workplace violence. The policies cover costs such as the cost of hiring independent security consultants, public relations experts, death benefits for survivors, and business interruption (BI) costs.

  • A wrap policy is a policy that only covers punitive damages in the event of Employment Practices Liability (EPL) claims. Such forms are also referred to as offshore package policies because they “wrap” an eligible EPL (EPLI) insurance policy, providing coverage only for punitive damages resulting from a claim under the EPLI policy. Most commonly, the issuing insurer is a Bermudan affiliate of the EPLI insurer, but it can also be an unrelated insurer. While there has been some controversy regarding such a policy, its validity has yet to be tested in court.

  • An integrated risk finance program is a risk finance program that combines two or more different approaches to risk finance into one common program. In general, workers’ compensation insurance uses comprehensive insurance so that the most cost-effective program in each state can be used for the benefit of the insured. For example, in State A an insured may have a risk large enough to qualify as a self-insurer, while the requirements in State B may be such that another type of risk financing program is preferable.

  • The Post Completion Exclusion Addendum is used to remove coverage from the contractor’s insurance policies to the extent that they interfere with the contractor’s coverage under the ultimate insurance program. Standard workers’ compensation confirmations and commercial general liability (CGL) are available for this purpose. However, contractors should consider retaining their own CGL coverage as an excess of completion policy, which requires manuscript approval.

  • The Write-Your-Own (WYO) program is a program available through the National Flood Insurance Program (NFIP) that allows participating insurers to issue NFIP flood insurance policies, as opposed to policies issued directly by the NFIP. WYO insurers write coverage on their own paper, but NFIP reinsures 100 percent of the coverage. Whether the policy is issued by an NFIP or WYO insurer, the coverage provided is identical. WYO insurers use exactly the same policy terms that are included in policies issued directly by NFIP. Most flood insurance policies are issued under the WYO program.