Underwriting for Franchisors and Joint Employment

From the 2016 PLUS D&O Symposium session “Private/Non-Profit D&O: New Exposures/New Concerns?,” Jonathan Ziss (Goldberg Segalla), Michael Borghesi (AmWINS Brokerage Group), Maura Verrone (Berkshire Hathaway Specialty Insurance) and Eric Marler (The Hanover Insurance Group) discuss joint employees relative to August 2015 NLRB decision.

Do you agree with this statement from Eric Marler?

“If you want to play it safe just assume that everybody is an employee at this point.”

If EPL is your business don’t miss the 2016 PLUS Professional Risk Symposium, April 20 and 21 in Chicago. Rates increase next Tuesday, so register today and save!

PLUS members can view this entire Conference session in the PLUS Multimedia Library.

This entry was posted in D&O, D&O Symposium, EPLI and tagged , , by plushq. Bookmark the permalink.

About plushq

The Professional Liability Underwriting Society (PLUS) was founded in 1986 by industry professionals who recognized the need for a forum for individuals involved in the field of professional liability. The Society is a non-profit organization with membership open to persons interested in the promotion and development of the professional liability industry. Membership consists of over 6,500 individuals, representing over 1,000 companies active in the many fields of professional liability. PLUS currently receives the support of more than 200 companies through corporate membership. PLUS is recognized as the primary source of professional liability educational programs and seminars, assistance to its members to help serve clients, and information regarding professional liability. The Society is continually seeking new means to fulfill its mission statement and better serve its members.

One thought on “Underwriting for Franchisors and Joint Employment

  1. Very topical and a nice little summary of some of the concerns and approaches. Thanks for sharing it. Insurers are quite properly concerned about the broader exposure and how best to cover it. So are franchisors, who likely will be changing their approach to EPLI coverage requirements and approved sources as a result of the NLRB stance.
    As an indication of where the industry is on Joint Employer coverage (as of our December Betterley Report EPLI Market Survey – 30 leading EPLI products), we found:
    * Coverage for joint employers automatically included in policy – 5
    * Coverage for joint employers can be included in policy – 14
    * If covered, is it subject to a sublimit? – 7 responded ‘no’, 1 sublimits to $100,000, another to $5 million, and the rest responded ”based on underwriting’
    We are seeing see much tighter underwriting and anticipate more creativity to address this important broadening of exposure,
    Exciting times for the franchise industry and probably for the contracting world as well.
    Thanks again for the post.

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