EPL Claims and Risk Management Services

GB Specialty is a division of Gallagher Bassett, the global leader in risk and claims management services.

Gallagher Bassett established the GB Specialty Executive and Professional Liability practice area to bring enhanced focus to EPL claims management and litigation.

Our dedicated EPL team reduces defense costs and decreases settlements with claims services that include, but are not limited to, the following:

Pre-claim & risk management services

We provide pre-claim services to ensure you are prepared in the event of a claim, as well as risk management services to help with claim avoidance. Examples include:

• Providing education for human resources (HR) and internal teams on industry trends or company events that have positively or negatively impacted its brand, employee morale, or employee relationships, as well as discussing legal trends, EEOC, and state agency initiatives.
  
  
• Conducting strategy sessions with key players on current trends.
  
  
• Assisting with developing a litigation philosophy, including settlement, other dispute resolution strategies, and alignment with your insurance carrier’s requirements.

• Developing a defense counsel list approved by your insurance carrier with pre-negotiated competitive hourly rates.
  
  
• Supporting the development of an efficient and cohesive process for the receipt of claims.

Claims management services

In the event a claim is asserted against your company, we ensure the matter is properly accounted for and handled to an appropriate resolution. The following services are provided:

• Create and maintain all claim files within our proprietary RMIS system.
  
  
• Ensure all claims are properly and timely tendered to the appropriate insurance carrier.
  
  
• Identify and evaluate any coverage issues presented by the claim and discuss with the internal EPL team as necessary.
  
  
• Evaluate potential liability and exposure to implement an agreed-upon resolution strategy, including addressing reserve adequacy, managing defense counsel, including invoice review, and assessing opportunities for counterclaims, third-party actions, contributions, and/or indemnification.

• Participate in and facilitate case resolutions, including attendance at mediations, direct negotiations where possible, and trial monitoring.
  
  
• Conduct discussions with insurers on case strategy, resolution management, and coverage application, including disputes between you and the insurance carrier.

Post-claim services

Once a matter is resolved, the following services ensure claims are timely and properly consummated and closed:

• Completing any required reporting, including the issuance of 1099s.
  
  
• Reviewing all submitted legal and vendor invoices for compliance with internal litigation guidelines and insurance carrier requirements, as well as GB Specialty’s “reasonable and necessary” standards, prior to issuing payment.
  

• Post-mortem discussions to determine what can be learned from the claim to reduce or eliminate any future similar exposures.
  

Wrongful Termination
Arbitration

Claim overview:

An arbitration demand alleging gender discrimination, harassment; retaliation, failure to prevent harassment and/or retaliation and wrongful termination in violation of public policy filed by a former employee physician against the client hospital and fellow MD. Our EPL team assisted with early settlement efforts that successfully resulted in the settlement of this matter far below the lowest range recommended by defense counsel.

Potential verdict value:

$665K - $1.35M

Settled for:

$25K

Discrimination Charge
Filed with the DFEH

Claim overview:

A pre-litigation demand letter coupled with a Charge of Discrimination filed with the Department of Fair Employment and Housing (DFEH) alleged disability and age discrimination, harassment and retaliation. GB Specialty’s EPL team was instrumental in orchestrating an early settlement with low defense costs through early evaluation of risk and identification of settlement opportunities.

Estimated settlement range:

$50 - 60K

Settled for:

$25K

Wage and Hour Class
Action Lawsuit

Claim overview:

A Wage and Hour class action lawsuit with exposure in excess of $125 million had been in litigation for three years prior to the implementation of our EPL program. The GB EPL team was instrumental in obtaining a defense budget, damages analysis and assisted with settlement negotiations at mediation.   

Estimated settlement range:

$2.5 - 6M

Settled for:

$2.5M