1. Forms
2. EP
3. EP-01-19

What the form is

EP 01 19, titled "Liability to Volunteers," is an endorsement designed to modify an Employment-Related Practices Liability (ERPL) insurance policy. Its primary function is to extend the policy's coverage to protect the insured organization against certain claims made by individuals who serve the organization as volunteers. Critically, this extension of coverage is often specifically limited to claims alleging wrongful acts related to discrimination committed by the insured organization against its volunteers.

Classes of business it applies to

This endorsement is particularly relevant for any organization that utilizes volunteers and has ERPL insurance. Such organizations often include:

• Non-profit organizations (e.g., charities, foundations, community service groups)
• Educational institutions (e.g., schools or colleges that use volunteer aides, tutors, or chaperones)
• Healthcare facilities (e.g., hospitals or clinics with volunteer programs)
• Religious organizations
• Community associations and clubs
• Arts and cultural institutions (e.g., museums, theaters relying on volunteer staff)

Real-world example: A charitable organization hosts an annual fundraising event largely staffed by volunteers. If a volunteer subsequently sues the organization, alleging they were subjected to discriminatory remarks and treatment by the event's management based on their national origin, the EP 01 19 endorsement, if part of the ERPL policy, would typically respond to defend and potentially indemnify the organization against this claim.

Special considerations

• Scope of Wrongful Acts: A significant consideration is that the coverage extension for volunteers is usually restricted to specific wrongful acts, most commonly discrimination. Claims from volunteers alleging other types of wrongful conduct (e.g., harassment not tied to a protected characteristic, defamation, or negligent supervision if not defined as a covered wrongful act under the ERPL policy for volunteers) might not be covered by this endorsement unless the wording explicitly includes them.
• Definition of "Volunteer": The policy and endorsement will contain a definition of who qualifies as a "volunteer." Insureds should review this definition to ensure it accurately reflects their volunteer force.
• Interaction with Other Policies: This endorsement addresses the insured organization's liability *to* its volunteers for specified wrongful acts. It generally does not cover: physical injuries sustained by volunteers while performing their duties (which might be addressed by a separate Accident policy or, in some jurisdictions, by electing Workers' Compensation coverage for volunteers), or liability for harm *caused by* volunteers to third parties (typically a General Liability exposure).
• Underlying Policy Applicability: All other terms, conditions, exclusions, definitions, and limits of liability contained in the base ERPL policy will continue to apply to coverage extended by this endorsement, unless expressly modified by the EP 01 19.

Key information for agents and underwriters

• Risk Assessment: Underwriters should carefully assess the insured's volunteer management practices. This includes evaluating the number of volunteers, the nature and risk level of their activities, volunteer screening processes, the existence and quality of anti-discrimination and harassment policies and training (for both paid staff interacting with volunteers and for volunteers themselves), and the mechanisms for volunteers to report grievances.
• Pricing: The premium for this endorsement will reflect the perceived increase in exposure. Factors influencing this include the size and stability of the volunteer workforce, the types of activities volunteers undertake, the organization's industry, its history of claims (including any involving volunteers), and the robustness of its volunteer management and anti-discrimination protocols.
• Coverage Clarity for Insureds: Agents must clearly explain to insureds the specific scope of coverage provided by the EP 01 19, emphasizing the types of wrongful acts covered (e.g., discrimination) and any notable limitations. It's also important to discuss other potential volunteer-related exposures and how they might be covered by other policies or require separate consideration.
• Underwriting Guidelines: Underwriters may look for evidence of strong volunteer programs, including written policies, regular training on discrimination and respectful conduct, and clear procedures for addressing complaints from volunteers. A poor history of volunteer-related disputes or lack of formal volunteer management practices could lead to declination or higher premiums.