What it does

EP 01 37 adds malicious prosecution coverage to the ISO EPL program – for example a former employee who was accused of theft, prosecuted and acquitted, and then sues the employer. New York uses its own version (EP 01 41).

It is an endorsement of ISO's stand-alone Employment-Related Practices Liability program and modifies the EPL coverage form (EP 00 01, or EP 00 02 where separate defense and indemnity limits are used). Forms lists show it available in most states, with state-specific versions where noted.

Who needs it

Retailers, restaurants, banks and other employers that report suspected employee theft or fraud to police.

Quoting and selling notes

  • Ask about loss-prevention practices and how the client handles suspected employee dishonesty.
  • Coordinate with the CGL personal and advertising injury coverage, which has its own malicious prosecution offense subject to the employment-related practices exclusion.
  • Forms lists show both 09 07 and 01 10 edition references.

Related forms

EP 00 01.