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Employment Practices Liability and Public Officials Liability Insurance 2011

Employment Practices Liability and Public Officials Liability Insurance 2011. Changes That May Affect You. New Program In 2011. Background How we got here Choices Decisions Selection of Carrier The Program Coverage Procedures. A Growing Problem. Employment Practices Liability.

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Employment Practices Liability and Public Officials Liability Insurance 2011

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  1. Employment Practices Liability andPublic Officials Liability Insurance2011 Changes That May Affect You

  2. New Program In 2011 • Background • How we got here • Choices • Decisions • Selection of Carrier • The Program • Coverage • Procedures

  3. A Growing Problem Employment Practices Liability

  4. Areas Covered by Law • Sexual Harassment • Hostile Work Environment • Equal Pay for Equal Work • Age Discrimination in Employment • New Jersey Law Against Discrimination (LAD) • Americans with Disabilities Act (ADA) • Family Medical Leave Act (FMLA) • Conscientious Employee Protection Act (CEPA, Whistleblower)

  5. Employment Related Claims Cost of Claims Per Employee

  6. We Had To Do Something Choices: • Modify Coverage • Increase Funding (Raise Rates) • Experience Rate (Member/JIF) • Raise Deductibles and Co-Pays • Address Frequent Flyers • Educate! Educate! Educate! Shop for a better deal?

  7. Our Coverage Form Our Adjusters Our deductibles and co-pays Our defense attorneys Flexibility Their Coverage Form Their Adjusters Their deductibles and co-pays Their defense attorneys ? What’s the Difference? MEL JIF INSURANCE At What Cost The Savings?

  8. MEL Committee • Examine issues • Explore alternatives • Prepare RFP • Review Results • Interview Carriers • Make recommendations

  9. 2011 EPL ProgramRequirements From Commercial Carriers • Match MEL Policy Form • Recognize our Defense Panel • Match Current Co-Pays/Deductibles • Match Current Rating Structure

  10. 2011 EPL Program • Match MEL Policy Form • Recognize our Defense Panel • Match Current Co-Pays/Deductibles • Match Rating Structure • Elimination of JIF Surcharge • Savings of 20% vs 2011 MEL Renewal No Longer a MEL Program!

  11. Program Components • Now A JIF Program* • XL Insurance – “A” XV Rated • Summit Risk Services – XL Claims • Stagliano, DeWeese & Fuscellaro, P.A., • Kearns, Vassallo, Kearns • Scibal Associates – Claims Advocate • Helpline * MEL will continue to provide Risk Management Services

  12. Defense Attorneys* * With concurrence of XL/Summit

  13. Claims Procedures • All claims to Scibal as per current procedure • Copy to DeWeese or Kearns • Scibal will review coverage • Scibal forwards to Summit/XL • Summit will review • Assign adjuster/claim number • Acknowledgement letter to Clerk • Send ROR letter • Assign counsel with input from DeWeese/Kearns

  14. Claims Procedures* • “Sweep” letter (December 17, 2010) • Nothing falls through the cracks • Procedures letter (December 23, 2010) • Report all claims within 14 Days • “any incident, event, occurrence, loss or accident that might give rise to a Claim.” • Experience has demonstrated that reporting such potential claim could result in early resolution with the occurrence of no expenses. XL/ Summit will offer assistance with early resolution of Claims and potential claims that are reported to them in a timely fashion. *All existing claims will continue to be handled by the MEL.

  15. Early Mediation • Early identification of matters that could lead to problems/litigation • XL insurance to provide $1,000 • Parties meet with retired judge • Effort to resolve prior to litigation Procedures Being Developed

  16. EPL HelplineJIF Branded WebsiteJanuary 1, 2011 • Attorneys answer specific HR & Employment Law questions • Via website or telephone • Confidential and timely responses • On Line resources • Two registered users from members • Must be employees – Not Solicitor • Unlimited access

  17. HELPLINE • Question of the Month • Case of the Month • HR Alerts • Federal/State News Updates • HR Posters • Model Policies/Handbook • Training Resources On Line • Managers/Supervisors • Slides, Audio, File Downloads • Small Chapters • Certificates of Completion

  18. https://www.hrhelpline.com/njmel/ • Must pre-register • You will be contacted • Given login/password • Provided instructions PLEASE REGISTER!

  19. What About EPL Hotline? • “Helpline” replaces “Hotline” Q&A • “Helpline” is more comprehensive • Hotline Program expanded to include: • Training • Handbook Review • Additional uses? TBD

  20. What’s Next? • Advise all involved personnel • Appoint Helpline contact • Reply to E-Mail request

  21. Two Year Program • Rates locked in for two years • After two years each JIF evaluated • JIF/Member experience will decide • Rates • Deductibles • Co-Pays • Renewal • It is in your hands!

  22. Thank You Questions

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