General Liability policies only cover certain lawsuits that allege bodily injury, property damage, personal injury, or advertising injury. D&O/EPLI policies cover additional types of lawsuits such as violation of rights of others under constitutional, federal, or state laws; wrongful termination, wrongful suspension, or sexual harassment; discrimination based on race, sex, age, or handicap, or failure to follow your own rules or bylaws when making an administrative decision.
- Each Claim Limit: Policy limits range from $1,000,000 to $2,000,000 higher limits are also available.
- Defense Outside Limits: Some policy forms provide defense inside of the limits whereas other forms provide unlimited legal defense outside of limits.
- Claims Made: D&O/EPLI policies are claims made policies which means that they will only respond to claims which occur both while the policy (or a continuous renewal of such policy) is in force and when the claim is filed.
- Retention: D&O/EPLI policies are subject to a retention which works similar to a deductible. Retentions can range from $0 to $5,000 and higher.
Gaining personal profit to which insured not legally entitled; fraudulent or dishonest acts as determined by final adjudication; willful violation of statue or ordinance; bodily injury; property damage; sex abuse / molestation; liability under contract or agreement; prior / pending litigation before retro date; insured versus insured lawsuits; claims brought by or on behalf of the insured organization; non monetary damages such as claims for injunctive relief, infringement of patent or intellectual property infringement; ERISA; Fair Labor Standards Act; and OSHA.