Employment Practices Liability & Identity Recovery. Conditions of Use

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1 Employment Practices Liability & Identity Recovery Conditions of Use By using this material, you acknowledge your assent to the following conditions of use without limitation or qualification. Please read these conditions carefully before using this material. Disclaimer The materials in this presentation are provided "as is" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, HSB disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. HSB does not warrant that the materials will be error-free, or are free of viruses or other harmful components. HSB does not warrant or make any representations regarding the use or the results of the use of the materials in terms of their correctness, accuracy, reliability, or otherwise. The information and descriptions contained herein are not intended to be complete descriptions of all terms, exclusions and conditions applicable to the products and services, but are provided solely for general informational purposes. 1

2 Conditions of Use - continued Limitation of Liability While HSB uses reasonable efforts to include accurate and up-todate information errors or omissions sometimes occur. HSB makes no warranties or representations as to the accuracy of the content of this material. Under no circumstances, including, but not limited to, negligence, shall HSB or any party involved in creating, producing, or delivering this material be liable to you for any direct, incidental, consequential, indirect, or punitive damages that result from the use of, or the inability to use, the materials, even if HSB or an HSB authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall HSB s total liability to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for utilizing this material. HSB also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing of this material. Conditions of Use - continued Restrictions On Use Of Materials This material is owned by HSB. Except as otherwise expressly permitted by HSB, no materials from this presentation owned, operated, licensed or controlled by HSB may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You may not distribute, modify, transmit, reuse, repost, or use the content of this presentation for public or commercial purposes, including the text, images, audio, and video without HSB s written permission. HSB neither warrants nor represents that your use of materials displayed in this material will not infringe rights of third parties not owned by or affiliated with HSB. Jurisdictional Issues -- Products and Services Unless otherwise expressly set forth herein, HSB makes no representation that these materials are appropriate or available for use in any location. Those who choose to access this material do so on their own initiative and are responsible for compliance with local laws. Except as specifically set forth herein the information contained in this material are not an offer to sell or a solicitation to buy any security, insurance product or other product or service. No security, insurance product or other product or service is offered or will be sold in any jurisdiction in which such offer or solicitation, purchase or sale would be unlawful under the securities, insurance or other laws of such jurisdiction. Some products and services may not be available in all jurisdictions. 2

3 Conditions of Use - continued Trademarks and Copyrights All trademarks, services marks, trade names, logos and icons are proprietary to HSB. Nothing contained in this material should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed in this material without the written permission of HSB or such third party that may own the trademarks displayed in this material. Your use of the trademarks displayed in this material, or any other content in this presentation, except as provided herein, is strictly prohibited. Images displayed in this material are either the property of, or used with the permission of the owner by, HSB. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted herein. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Employment Practices Liability & Identity Recovery Dial In: Access code:

4 Webinar Tips Mute your phone (*6) - *7 to unmute Don t put your phone on hold. Avoid logging into other applications Help desk For audio dial ID: Web Console or Windows Console? 4

5 Today s Agenda I. Employment Practices Liability Insurance The Need for Employment Practices Liability GNY EPL Coverage Approach II. Identity Recovery Insurance The Need for Identity Recovery Insurance GNY IDR Coverage Approach Launch Date 5

6 EPL Coverage Protects Employers from Claims Brought by Employees, Applicants for Employment or Recognized Volunteers Discrimination Wrongful Termination Harassment, including Sexual Harassment Liability Damages and Defense Costs Employee includes Full-time, Part-time, Temporary & Seasonal Employees EPLI Statutes/Exposures Title VII Equal Pay Act Age Discrimination in Employment Act (ADEA) Americans with Disabilities Act (ADA) 6

7 EPLI Statutes/Exposures Family and Medical Leave Act (FMLA) Fair Employment Practice Statutes Common Law Torts Employment Liability Claims Know the risks! More than 1/2 are made against small businesses. 7

8 The Risks Are Real 100,000+ charges filed Percentage of EPL claims against small businesses 75% of claims groundless 52% of charges are against small businesses Other 48% Leading industries = Retail, manufacturing, food service Average EEOC complaint > one year to resolve Small Co's 52% Claims Settlements 81% settle between $22,400-$40,500. 8

9 2005 EEOC/FEPA Statistics 35% 30% 25% 20% 15% 10% 5% 0% Racial Gender Age Disability Sexual Harassment National Origin Religious Today s Evolving Workplace Diverse workforce Structural changes Broadened employment laws Evolving regulatory and judicial environment 9

10 What The Business Owner Thinks About EPL Coverage 40% believe they can not afford EPL Coverage that they need. Workplace Complaints That Worry The Small Business Owner Most #1: Discrimination: Age, sex or race #2: Sexual harassment #3: Wrongful termination 10

11 Guess What Happened To Me? Legal fees cost about $25,000, not to mention our lost time and productivity. It broke my heart and my bank account Steve, tool shop owner sued by a longtime employee for wrongful termination I was stunned to learn that defending against a suit could cost upwards of $40,000. Michael, telecommunications firm owner Coverage Availability Monoline basis Large Limits & deductibles High Premium Extensive underwriting Chubb, AIG, Zurich 11

12 Emerging Markets Combined with other coverages D & O General Liability Nominal Sublimit Meaningful sublimits GNY s EPL Coverage 12

13 Portfolio EPL Goals... Designed for Small Business Broad Meaningful Affordably Priced Seamless Requires minimal additional underwriting data EPL Program Synopsis Coverage Part to CPP: Form #: EPL AS Up to 250 Employees Auto added for up to 50 employees Referrals for employees $100,000 Annual Aggregate limit/default $10,000/claim deductible/ default 13

14 Referral Options Limit Options: $250,000 $500,000 $1,000,000 Employees Refer to: Policy premium over $100,000 Pricing Matrix Habitational: 0.6% of CPP Liability Premium Non-habitational: 1.3% of CPP Liability Premium Minimum: $50/policy 14

15 EPLI Coverage Summary Defense within the Limits Claims made Duty to Defend Coverage Extended Reporting Period available No coverage for Prior Acts or Known Acts EPL Claims Service and Loss Prevention Dedicated EPL Claim Specialists Premier EPL Panel Attorneys Online EPL Loss Prevention Program GNY Risk Improvement Services 15

16 EPL Product Strategy Ease of Doing Business Portfolio Underwriting for EPL coverage streamlines underwriting & processing GNY Paper Seamless Attachment Approach Minimal Information Gathering to Protect Profitability & Sustain Low Portfolio Pricing Best-in-Class Claims Adjustment & Loss Mitigation Web Based Education & Loss Prevention Tools for Policyholders Integrated Marketing, Training & Communications Tools for a Clear, Consistent Marketing Message Benefits to Insured Affordable, Broad EPL Coverage Meaningful Limit Options Eliminated Coverage Gaps Access to EPL Claims Specialists Access to Premier EPL Panel Attorneys Access to Web-Based EPL Loss Prevention Programs 16

17 Benefits to Producers No Additional Underwriting Data Needed Better Protection from E&O Exposure Product Differentiation Access to Web-Based EPL Loss Prevention Programs Additional Commission Income Producer Marketing Support Training Webinars Educational Webinars EPL Website Variety of Marketing Materials Available 17

18 Identity Recovery Program Why is Identity Recovery an Essential Coverage for the CPP Policyholder? 18

19 WHAT IS IDENTITY THEFT? Wrongful use of someone s personal or financial information to commit fraud or other crimes Creative Thieves Identity Thieves Steal in Many Ways 19

20 How Could Identity Theft Affect You and Your Customers? Credit Cards Loans Bank Accounts Ways you d never imagine! It is personal... Confusion & Frustration Time Consuming Victim Made to Feel Like They Did Something Wrong Emotional Toll 20

21 Victims Must Take All The Responsibility To Restore their credit to pre-theft status Provide proof of fraudulent charges Restore their identity records Identity Theft Leading Cause of U.S. Consumer Fraud It s getting worse 215,177 Complaints in ,565 Complaints in 2005 Younger Victims Percent of ID Theft victims under 18 has doubled over two years 21

22 So What s The Financial Cost to The Victim? Out-of-Pocket Expenses 60 Hours on Average $1,200 Out-of-Pocket Expenses Legal Fees Credit Bureau Reports Loan reapplication fees Identity Recovery Coverage 22

23 Identity Recovery Coverage Two Main Components 1. Identity Recovery (Assistants) and Identity Restoration (Licensed Investigators) Service 2. Expense Reimbursement Insurance What Does it Cover? Recovery Services Out-of-Pocket Expenses Lost Wages/Child & Eldercare Mental Health Counseling Legal Fees 23

24 Who is the Insured? Identity Recovery Insured means the following: Sole Proprietors Partners CEO Employees with 20% Ownership Directors & Officers of Condominium Associations IDR Coverage Synopsis Endorsement/ interline coverage part CPP coverage part: IDR Auto added No referrals $15,000 Annual Aggregate Limit $500 aggregate deductible/insured 24

25 What About Pricing? Included for no additional premium As an Producer, What does it mean to you? Fill the demand address a growing concern of your clients Differentiation distinguish your products from competitors Automatic Coverage top tier coverage and service available at no additional premium Customer Acquisition and Retention Attract new customers while retaining existing ones 25

26 Agency Support Resources Producer Meetings Educational Webinars Variety of Marketing Materials Available Q&A 26

27 Employment Practices Liability & Competitive Identity Recovery Comprehensive Efficient 27