COVID-19 Employment Practices Liability Insurance (EPLI) Claims Pre-Litigation and Litigation

Summary

This practice note will focus on the interplay of COVID-19 and Employment Practices Liability Insurance (EPLI). It will discuss the nature, origins, and the scope of EPLI and distinguish it from similar insurance products with longer histories as free-standing insurance policies and with longer periods of judicial interpretation. The practice note will also discuss how EPLI policies may apply to COVID-19 claims, coverage benefits that may be available when they do, and circumstances under which EPLI policies are inapplicable. The practice note will also address litigation theories and strategies in efforts to advance and oppose coverage for COVID-19 claims under EPLI insurance policies.