1. Forms
2. EP
3. EP-20-03

What the form is

The EP 20 03 Additional Insured - Volunteers endorsement is designed to be attached to an Employment-Related Practices Liability (EPL) insurance policy. Its primary function is to amend the "Who Is An Insured" section of the policy to include volunteers acting on behalf of the named insured. This means that volunteers will be afforded coverage under the EPL policy for wrongful acts committed within the scope of their duties for the organization, subject to the policy's terms, conditions, and exclusions.

Classes of business it applies to

This endorsement is particularly relevant for organizations that regularly utilize the services of volunteers. Examples include:

• Non-profit organizations (charities, foundations, community service groups)
• Educational institutions (schools, colleges, universities that have volunteer programs)
• Healthcare facilities (hospitals, clinics with volunteer staff)
• Religious institutions
• Community event organizers
• Youth sports leagues and clubs

For instance, a non-profit food bank that relies on volunteers to sort and distribute food would use this endorsement to ensure those volunteers are covered if a claim of harassment or discrimination arises from their volunteer activities.

Special considerations

It's important to note the following when considering or using this endorsement:

• Scope of Duties: Coverage for volunteers is typically limited to wrongful acts committed while performing duties on behalf of and under the direction of the named insured. Activities outside this scope may not be covered.
• Definition of Volunteer: The policy or endorsement may define "volunteer." It's crucial to ensure that the individuals intended to be covered meet this definition.
• Underlying EPL Policy Terms: The coverage provided to volunteers is still subject to all other terms, conditions, exclusions, and limits of the main EPL policy.
• Training and Supervision: While this endorsement provides coverage, organizations should still have robust policies for training and supervising volunteers to minimize the risk of wrongful acts. For example, providing anti-harassment training to all individuals, including volunteers, who interact with employees or the public.
• Other Insurance: If a volunteer has their own personal liability insurance, the EPL policy with this endorsement might interact with that other insurance based on "Other Insurance" clauses.

Key information for agents and underwriters

For Agents:

• Identify the need: Actively discuss volunteer involvement with clients, especially those in the non-profit, educational, or community sectors. Many organizations may not realize this exposure or assume their General Liability policy provides adequate EPL coverage for volunteers.
• Explain the benefit: Clearly articulate how this endorsement protects not only the volunteers but also the organization by providing a dedicated source of recovery for EPL claims involving volunteers.
• Documentation: Advise clients to maintain clear records of their volunteers, including their roles, responsibilities, and any training provided.

For Underwriters:

• Risk Assessment: The use of volunteers can introduce additional EPL exposures. Underwriters should assess the nature and extent of volunteer involvement, including:
  • The number of volunteers and the hours they contribute.
  • The types of activities volunteers undertake (e.g., direct interaction with clients, supervisory roles, handling sensitive information).
  • The organization's screening, training, and supervision practices for volunteers.
  • The organization's history of claims involving volunteers.
• Pricing: The premium impact of adding this endorsement may depend on the underwriter's assessment of the increased risk. Well-managed volunteer programs may see a nominal impact.
• Coverage Gaps: Ensure that the addition of volunteers does not inadvertently create coverage gaps elsewhere or conflict with other policy provisions. Consider if any specific exclusions related to volunteer activities might be necessary in rare circumstances, though this endorsement is generally for broadening coverage.