#MeToo: Why it's the second /third most important legal issue in Employment Practices Liability Insurance

The Old Library, Lloyd's
Tuesday, 16 October 2018
1:15 pm – 2:00 pm
    • Phillip R Maltin, Partner, Raines Feldman LLP
  • Claims lecture

In this IIL claims lecture Phillip Maltin updated participants on measures claims professionals and underwriting experts can take to counter sexual harassment claims and one other type of lawsuit that is more prevalent, perhaps more dangerous, but discussed less.

Harassment claims can be controlled, but not using the techniques that some legislators and underwriters require. This program will survey ineffective and effective measures to counter sexual harassment claims. Research by the United State Equal Employment Opportunity Commission concludes that people with a tendency to harass are more likely to react negatively to training. Years of reactive training, focusing on countering and responding to allegations of harassment (not on preventing them or protecting victims), can invite claims. This program will discuss some new forms of training that can overcome these weaknesses.

The lecture also evaluated a second, more dangerous claim: harassment based on actual or perceived disability. Mr. Maltin discussed why American businesses are chronically ineffective in responding to pre-litigation warnings that lead to claims of disability discrimination and harassment. The lecture explored simple techniques that businesses must teach, and underwriters must require, that will help control the problems that can lead to lawsuits based on a person's mental or physical disabilities.

By the end of this lecture members would have gained an insight into:

  • #metoo and areas needing more attention on EPLI applications. Survey techniques for controlling the problem through retention relief
  • Why disability discrimination is more dangerous than claims under #metoo. Encourage training
  • Wage claims in the areas in which the most significant exposure lies

Speaker Bio:
Phillip R. Maltin is a veteran litigator and trial lawyer who manages employment (EPLI) and commercial (D&O) litigation in Los Angeles. Phil is an instructor in a prosecutor’s school with a reputation as a creative and effective questioner. He delivers seminars on questioning, identifying liars and evidence across North America. His peers perennially vote him a Southern California Super Lawyer.

Richard Salmon FCII, International Claims Manager, CFC Underwriting Ltd.

  • The Old Library, Lloyd's
  • One Lime Street
  • London
  • EC3M 7HA
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IIL lectures are open to Lloyd's pass holders and CII and PFS/SMP members.
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CII Accredited

This demonstrates the quality of an event and that it meets CII member CPD scheme requirements.

3/4 hours' CPD can be claimed for this event if relevant to your learning and development needs.

It is recommended that you keep any evidence of the CPD activity you have completed and upload copies to the recording tool as the CII may ask to see this if your record is selected for review. Details of the scheme can be viewed online at www.cii.co.uk/cpd.