Trials Vs. Settlements Skew EPL Stats
While the graph of an upward trend in jury awards in discrimination cases shown in a recent study might have a familiar look for insurance carriers in the employment practices liability market, the types of discrimination cases that top the list of awards arent necessarily consistent with insurers experience.
The main reason for the difference is that the bulk of the claims on insurers books are class actions that settle, rather than single-plaintiff cases that go to trial, according to an insurer and a broker.
"We saw the same study–and it gave us pause," said Michael Maloney, vice president and EPLI manager for Chubb Specialty Insurance in Simsbury, Conn., when asked about "The 2001 Edition of Employment Practice Liability: Jury Award Trends and Statistics" released in January by Jury Verdict Research in Horsham, Pa.
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