DONNA Blog

The Case of the Unsigned EPLI Form

Written by DONNA.ai | Sep 24, 2024 2:16:59 PM

In the fast-paced world of insurance, foresight can be the difference between peace of mind and a costly mistake. Meet Jerry, a seasoned agent who knew the importance of employment practices liability insurance (EPLI). When John, the owner of a family-run construction company, refused to sign the EPLI application, it set the stage for an unexpected showdown with reality.

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Jerry, a seasoned independent insurance agent in New York, was known for his knack for closing deals and his ability to anticipate his clients' needs. One day, he was reviewing the insurance policies of a small, family-owned construction company. The company had a comprehensive general liability (CGL) policy, but Jerry felt it was missing a crucial piece: employment practices liability insurance (EPLI).

EPLI, Jerry explained to the company's owner, John, would protect the business from claims related to wrongful termination, discrimination, harassment, and other employment-related issues. John, however, was hesitant. "We've never had a problem like that," he insisted. "Why do we need extra coverage?"

Jerry tried to emphasize the importance of being prepared for the unexpected, pointing out that even the most well-intentioned companies can be the target of such lawsuits. But John remained unconvinced. "We've got a great team," he said. "I'm confident there won't be any issues."

Despite Jerry's persistence, John refused to sign the EPLI application. Jerry, knowing the potential consequences, documented the conversation and sent John a follow-up email reiterating the importance of EPLI. But John remained adamant.

A few months later, Jerry received a call from John. "Jerry, we have a big problem," John said, his voice filled with panic. "One of our former employees is suing us for wrongful termination. He's claiming discrimination."

Jerry's heart sank. He knew exactly what was coming. "John, I told you about EPLI," he said calmly. "It would have covered you for this exact situation."

John was stunned. "I didn't think it would happen to us," he replied. "I should have listened to you."

As Jerry helped John navigate the legal process, he couldn't help but think about the "I told you so" moment. The case served as a stark reminder of the importance of getting declination forms signed from clients. While it's never pleasant to see a client face a claim, it's even more frustrating when that claim could have been avoided with a simple signature.

A Year Later

A year had passed since the lawsuit. John's company had managed to settle the case, but the ordeal had taken a toll on the business. The legal fees, stress, and damage to their reputation had been substantial.

One day, Jerry visited John's office. As they sat down to discuss the company's insurance needs, John couldn't help but reflect on the past year. "Jerry," he said, "I can't thank you enough for trying to convince me to get EPLI. I made a big mistake."

Jerry nodded. "It's easy to say that in hindsight," he replied. "But the important thing is that you learned a valuable lesson."

John agreed. "I've learned that even the best-laid plans can go wrong. From now on, I'm going to be more proactive about protecting my business."

As Jerry left John's office, he felt a sense of satisfaction. While he was sorry to see his client go through such a difficult experience, he was glad that John had finally realized the importance of insurance. And he knew that the "I told you so" moment would serve as a valuable reminder for him to always be persistent in his efforts to protect his clients.