
Rethink EPLI.
Employment Practices Liability Insurance (EPLI) treats workplace harassment as a third-party liability. When harassment is substantiated, the loss is the insured's own.
Why Losses Keep Escalating.
EPLI has grown well beyond the Title VII disputes it was built for, and most of what it covers fits the third-party frame. Substantiated harassment does not. When an employee is harmed, the employer absorbs the loss first: disruption, attrition, reputational damage. The policy cannot offset these losses because EPLI has a defensive posture toward the person who reported, and that posture does not change when a report is substantiated. A structure built to defend against the harmed employee cannot respond to the harm, and the result is visible across the line: harassment losses keep growing, and carriers manage them with the tools they have: retentions, sublimits, exclusions, and separate questionnaires.

A Different Response to the Same Claim.
Third to First has developed a patent-pending endorsement to the existing EPLI policy. It responds to a substantiated harassment situation as the first-party loss it is, covering losses by providing services to the harassed employee. This changes the trajectory that ends in a nuclear verdict. For a carrier, it offers something the current market lacks: a differentiated basis for restoring margin on an EPLI book, and a reason to reprice that provides value to policyholders.
We have confirmed demand among corporate policyholders. We are discussing the product under NDA with carriers who can to bring it to market. Please reach out to schedule time.
SM
"The fact that Harvey Weinstein's settlement was covered by insurers highlights how the current EPLI structure lacks incentives to deter harassment. This should help align incentive structures to the benefit of firms and employees."
- Joni Hersch
Cornelius Vanderbilt Chair
Professor of Law and Economics
Co-Director, Ph.D. Program in Law and Economics
Vanderbilt University Law School
It’s not just a good idea; it’s good business.
