We always like to engage readers in a dialogue about pressing employment discrimination issues, and really appreciate when they provide valuable tips/pointers and other information which all of us are interested in.

Stephanie Belfie, an insurance expert in the Philadelphia area, wrote in and, from a risk management point of view, provided the following important reminder.

11267158_s“I agree [that employers need a lawyer before the EEOC – see our recent post].

Be sure to report any EEOC cases to your EPLI carrier to avoid late reporting issues. Although policies vary, some claim definitions would include an EEOC investigation.  Since the policy may contain language about reporting events like these that could become a claim, failure to report it could trigger a reservation of rights by the insurer.

To the attorneys – make sure your client’s insurance panel will allow you to represent them. Oftentimes the insurance company requires the insured use panel counsel.  If you aren’t on their list, at the client’s insurance renewal the insured can typically arrange for permission to add counsel by policy endorsement.  You will have to pass their requirements and also accept their fee schedules.”

Be sure to be added for each state where you may represent the client. Insurers will not allow a midterm add-on. The client (named insured) will have to negotiate it into the renewing policy.”