Employment Practices Liability

In an ever-evolving employment practices liability (EPL) marketplace, insurance customers are increasing their demands for EPL coverage and are much more willing to pursue litigation to resolve disputed claims. In this environment, clients need legal advisors who can draft solid, effective language for EPL policy forms and endorsements and aggressively defend insurers when disputes arise. Troutman Sanders has advised insurance clients on numerous EPL policies and hundreds of claims. We understand that a claim that may initially appear frivolous can quickly become a significant liability if not managed correctly or resolved early.

We are adept at objectively assessing EPL risks and assisting insurers with resolving potentially significant claims, particularly when the severity may not be fully appreciated from the outset. This is of particular importance when attorneys’ fees and defense costs can quickly exceed the value of the claim itself. We have advised insurers on the entire spectrum of employment claims involving wage and hour issues, sexual harassment, gender discrimination, racial discrimination, national origin discrimination, retaliation and whistleblower lawsuits, Equal Employment Opportunity Commission (EEOC) and other regulatory matters, disability discrimination, wrongful termination, third-party sexual harassment, negligent hiring and supervision, breach of employment contract, and professional employment organization (PEO) policy coverage and exposure.

Of significant benefit to clients is our ability to draw from the firm’s well-established, national labor and employment defense practice. This allows us to efficiently assist clients in evaluating the merits of underlying employment claims and aid defense counsel in achieving an optimal resolution of such disputes.

  • Negotiated the favorable allocation of a seven-figure sexual harassment and breach of contract claim involving numerous coverage issues (including allegations of intentional conduct and issues with insureds’ prior knowledge of circumstances giving rise to the claim).
  • Negotiated the resolution of a multimillion-dollar wrongful termination and retaliation claim involving a high-level executive of a global corporation and ensuing coverage litigation regarding millions of dollars in defense expenses.
  • Negotiated a below policy limits resolution of a significant PEO claim against client’s insured arising from verdict and defense costs in an underlying wrongful termination and wage and hour case that exceeded policy limits.
  • Litigated and resolved coverage issues arising out of a nationwide gender discrimination class action against a global corporation.
  • Litigated and resolved coverage cases in California addressing scope of FLSA exclusions for underlying wage and hour claims.

Rankings & Recognition

  • Chambers USA - Insurance: Dispute Resolution: Insurer – Nationwide (2007-2017)
  • Chambers USA - Insurance: Insurer – District of Columbia (2005-2017)
  • Chambers USA - Insurance: Insurer – California (2007-2017)
  • U.S. News & World Report - Best Law Firms: Insurance Law – National (2010-2017)
  • U.S. News & World Report - Best Law Firms: Insurance Law – Metropolitan Washington, DC (2010-2017)