There is no standard EPLI policy at present, but the policy itself is intended to be primary coverage. Coverage now typically includes compensatory damages, front pay, back pay, and attorneys fees for plaintiff's counsel. May cover punitive damages, but some states prohibit insuring against punitive damages. The insured may request that different counsel represent it if the claim alleged is not one of the Designated Employment Practices Claims. Broad form may expand definition of personal injury to specifically include mental anguish.
Insurer has duty to defend claims for damages because of bodily injury or property damage.
There are exhaustive exclusions that may make it less likely that coverage for certain employment practices exists. Broad form may specifically define personal injury to include discrimination or humiliation that is not intentional and is not related to employment. No duty to defend, but must pay costs of defense, and the costs of defense are within policy limits. Policy pays for loss against directors and officers of employer arising from a claim made against them for any actual or alleged wrongful act in their respective capacities as directors or officers. As a practical matter, directors are not often the individuals who are involved in the day to day activities of the company.