What it does
EP 28 01 is the extended reporting period (ERP or "tail") endorsement of the ISO EPL program. It extends the time to report claims after cancellation or non-renewal for wrongful acts that took place while the policy was in force. States vary widely: forms lists show separate ERP changes endorsements for Montana, Pennsylvania, South Dakota, Connecticut, Nebraska, North Carolina, Alaska, Arkansas and Virginia, and New York one-year and three-year additional ERP endorsements (EP 28 20, EP 28 21).
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
Employers that are closing, selling, merging or moving to a carrier that will not honor the prior retroactive date.
Quoting and selling notes
- Discuss the ERP before a policy lapses; the election period is short.
- When replacing coverage, try to keep the original retroactive date so a tail is not needed.
- Use EP 28 07 with the separate-limits form EP 00 02.
Related forms
EP 00 01; EP 28 07.
