Employment Practice’s Liability

Restaurants and Franchises

he vast majority of claims filed against companies are now related to employment practices. Restaurant franchises and their franchisees are no exception. What is exceptional is the Employment Practices Liability (EPLI) Program offered by Couch Braunsdorf. Our customized EPLI plans are crafted to meet the unique needs of each franchise owner-operator for the business franchisees.

Target Classes

  • Fair Labor Standards Act (FLSA) – $100,000 sub-limit for defense costs and loss (available in most jurisdictions)
  • Defense and Settlement Provision (Hammer Clause) softened to cover 75% of defense costs and loss after insured’s final refusal to consent to settle a claim
  • Defense Outside the Limit up to 200 employees if a $500,000 limit or higher is chosen
  • Full Prior Acts coverage for claim-free accounts for most states and classes
  • Punitive Damages with most favorable venue wording included in the definition of Loss (available in most jurisdictions)
  • Front and Back Pay included in the definition of Loss
  • “For” wording applies to Bodily Injury/ Property Damage exclusion
  • Wrongful Act definition expanded to included coverage for the negligent violation of the Uniformed Services Employment & Reemployment Rights Act (USERRA)
  • Independent Contractors are included in the definition of Employee
  • Full Severability
  • Spousal Liability extended to Domestic Partners
  • Final Adjudication wording for fraud exclusion
  • Defense costs coverage for breach of express employment contract
  • Retaliation carve backs for many exclusions
  • Defense costs coverage for claims involving the modification of real property

Disclaimer: All classes and lines of coverage may not be available in all states. For current availability, please contact a Couch Braunsdorf Specialist.

Submission Requirements

  • ACORD forms
  • Supplemental application will vary by risk
  • 5 years loss runs
  • Commercial General Liability
    • Excess or Umbrella
    • Waiver of Subrogation – blanket coverage included per prior written agreement
    • Additional interests – blanket coverage when required by contract, written agreement or written permit for ongoing operations
    • Primary and noncontributory wording
  • Property
    • Building
    • Contents
    • Business Personal Property
    • Business Income
    • Basic, Broad and Special Form
    • Replacement Cost or Actual Cash Value
    • Equipment Breakdown
    • Contractor’s Equipment
    • Accounts Receivable
    • Computer Equipment
    • Outside Signs
    • Valuable Papers
  • Inland Marine
  • Excess
  • Pollution
  • Auto
  • Crime
    • Inside the Premises – theft of money and securities
    • Inside the Premises – robbery or safe burglary of other property
    • Outside the Premises

Tailored Products

  • Binding Authority
  • Practice and Project-Specific Policies
  • Builders’ Risk
  • Wrap-Up (OCIP/CCIP), Re-Wrap and Wrap Gap/DIC Policies
  • Discontinued Products/Completed Ops
  • EIFS
    Railroad Protective
  • Owners’ & Contractors’ Protective and Owners’ Interest
  • Contractors’ Pollution
  • Contractors’ Professional
    • Design Build
    • Contractors’ Errors and Omissions
    • Data Breach

Additional Forms By Product

  • Project-Specific
    • Description of project
    • Wrap-Ups
    • Soils report
    • Overview of project, including project cost and sales details
    • Program admin & peer review firms
    • Owners’ Interest
      • Description of project
    • Discontinued Products/Comp Ops –
      • Overview of past work
    • Foreclosed and Abandoned Projects –
      • Description of project
  • A.M. Best rated A++ carrier
  • Optional Third Party Discrimination and Harassment coverage available for most classes
  • Extended Reporting Periods of 1, 2, and 3 years available for 50%, 100% and 150% of the annual premium
  • Free human resources consultation HELPLINE service with unlimited calls and no time limits plus an online HR Resource Center
  • Competitive pricing
  • Timely responses to all inquiries and submissions
  • Efficient and fair payment of claim
  • Technical competence