Placing You First Insurance Podcast by CRC Group

After the Riots: Mitigating Liability Risks


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 A supervisor at a midsize business is watching the evening news when she sees a disturbing video of people smashing windows and looting stores in the city where her company is based. What she sees next shocks her: one of the looters is not wearing a face mask, despite the coronavirus, and she realizes as he passes the camera that he’s one of her longtime employees. This scenario is fictitious but could become real for many employers, following massive protests against racial injustice and police brutality that, in numerous cities, were accompanied by rioting and violence. Employers, already struggling to reopen from the nationwide lockdown during the pandemic, face an even more painful recovery after weeks of riots across America. If employers discover some employees engaged in violence and looting, they may wonder if they can discipline those employees and worry about inviting liability if they do. What’s more, the marketplace for employment practices liability insurance is continuing to tighten.

Employment practices liability insurance remains a valuable form of coverage for employers. With more discrimination claims likely from the pandemic and protests, retailers and insureds should explore ways to mitigate EPL exposures and maximize available coverage to defend against claims. Whether an insured is seeking stand-alone EPL insurance for the first time or has bought the coverage for years, a wholesale specialist is an important partner in finding the best options available.


Episode Links:

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 Featuring:

  • Kunal Shaw
    Of Counsel
    Wilson Elser Moskowitz

  • Brian Martin
    Broker, ExecPro
    CRC's Dallas


Episode Timeline

1:53
When is it OK to terminate an employee who has participated in a riot or protest?

2:44 
What kind of liability scenarios could an employer find themselves in when terminating an employee who has rioted or protested?

3:48
What effect is the current climate having on employer liability?

4:57
When will we start to see EPL claims from the riots and protests starting rolling in?

5:37
What are some steps that employers can take to mitigate risk in these situations?

8:09
How does EPL insurance factor into these scenarios?

8:59
What is the current state of the EPL marketplace given all of the recent events?

12:05
How can insurance agents best navigate this environment?

14:27
What value does a CRC broker bring to the equation?





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Placing You First Insurance Podcast by CRC GroupBy CRC Group

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