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How Vaccine Mandates Impact Employment Insurance Policies


The U.S. Supreme Court recently blocked the Biden administration's vaccine mandates for large employers, but mandates by local governments and companies themselves could still lead to increased exposure for employers' employment practices liability insurance carriers, experts say.


Insurers are very reluctant to pay rates that are higher than their pre-negotiated rates. "It's not like D&O where you have room to argue," said Lisa Campisi, a partner of Blank Rome who represents policyholders.

"When we're representing policyholders who have major employment claims against them, the insurers are saying that you're entitled to $150 an hour for partners to defend against what the policyholder sees is very serious employment litigation," said Linda Kornfeld, co-chair of Blank Rome's insurance recovery team. Kornfeld called the EPLI defense rates "shockingly, and inappropriately low."

"We're fighting daily against insurer efforts to impose really low rates on cases that deserve much higher rates," she said.              

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"How Vaccine Mandates Impact Employment Insurance Policies," by Daphne Zhang was published in Law360 on January 26, 2022.