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

Summary

This checklist addresses litigation implications of the interplay of COVID-19 and Employment Practices Liability Insurance (EPLI). It is intended to provide counsel with an overview of EPLI policies, the primary liabilities to which it applies, distinguishing factors of it from other kinds of insurance, coverage litigation involving the policy, and importantly, the implications of COVID-19 for the coverage provided by the policy. The checklist is non-jurisdictional, so you are cautioned to regularly check both case law and statutory law in your state for applicable decisions and legal changes.