Post Insurance Services reports that employee lawsuits have risen a staggering 400% over the last 20 years – and over 40% of employee lawsuits are brought against private companies with fewer than 100 employees.
Whether you settle or go to court, it’s not cheap. “The cost of settling out of court averages $75,000, and the average jury award hits $217,000 if you go to court and lose,” says Post.
An Umbrella is Intended to Create a Broad Layer of Protection
Sure, you’ve got insurance to protect your business, but your existing coverage may not be enough. Exclusions and limits on several separate policies can become difficult to manage, and you need to look at your aggregate annual limits. Just a single big claim could potentially exhaust those limits, leaving you exposed for the remainder of the term.
A commercial umbrella policy could be a frugal way both to extend your policy limits and possibly broaden your coverage at the same time.
Commercial Umbrella Insurance Only Covers What’s Already in Place
When considering a commercial umbrella, it’s first things first – you must have the original insurance policy in place for an umbrella to cover it. Think of it this way: A commercial umbrella policy doesn’t offer coverage where there was none, but it will extend coverage over a policy (like an umbrella) once limits are exhausted.
This also comes in handy when multiple policies are in play.
Multiple Policies = Multiple Limits and Exclusions
Let’s say an employee sues a manager at your business for harassment. Your employment practices liability (EPL) insurance policy would respond and begin the duty to defend. If you have a directors and officers (D&O)
insurance policy, it’s likely that would also respond, depending on the timing and language of the allegation and lawsuit. Keep in mind that you will need to expend time and money to defend yourself, even if you’re
innocent.
Lawsuits can take years to come to court or settle. It’s possible that during your legal defense, the policy limits will be exhausted on one or multiple policies. That’s where an umbrella comes in. The duty to defend should kick in and proceed just as your original policy would.
In some cases, the umbrella may not have the same exclusions as your original policy. This means that the coverage would broaden to cover other areas not listed in your original EPL or D&O policy, which may work to your benefit.
Limits Not Exhausted but Depleted – and then Another Lawsuit in the Same Year
Let’s say you’ve gotten through your legal defense and settlement for the harassment lawsuit without reaching your limits. Whew!
But your bad year gets worse: An additional allegation is submitted.
Without an umbrella, your legal defense coffers would already be low and you’d be facing a big out-of-pocket expense. An umbrella policy should respond once the policy limits are met even though you’re now facing a
new, separate allegation.
There are several policies an umbrella might cover after limits are exhausted, including:
- Commercial general liability (CGL)
- Employment practices liability (EPL)
- Media liability
- Commercial auto
- Hired or non-owned auto
- Directors and officers (D&O)
- Errors and omissions (E&O)
- Molestation and abuse
Let’s also say this second allegation additionally includes a libel claim having to do with a social media post made by a manager involving the employee alleging workplace harassment. If limits are exhausted on one or more of these policies, the umbrella would drop down and continue coverage where the original policy left off.
Your insurance professional can explain the umbrella’s exclusions and breadth of coverage – the broader the better. It’s preferable to have a policy that doesn’t name every exclusion in detail because that can help protect you if a claim becomes complicated.
Contact Your Insurance Professional, Clyde Paul Insurance Agency
We’d be happy to review your existing policies. Be clear on the limits and exclusions of those policies. An umbrella policy can be a helpful addition to your risk management strategy because it creates multiple layers of insurance protection for your business.
If you’re looking for an independent insurance agent who will make sure that your priorities are our priorities, give us a call for a consultation at 201-991-7598 or email info@ClydePaul.com