Does EPLI coverage include prior acts?

Some insurance companies offer coverage for acts occurring prior to the purchasing of EPLI. Many companies, for an additional premium, will provide prior acts coverage if the employer had previously had EPLI coverage-simply picking up, retroactively, the date of the previous policy. Some companies will also offer retroactive coverage even if there was no prior EPLI coverage, but with an exclusion for claims arising out of pending or prior litigation and for known or reported acts. In terms of determining when an act is known or reported, employers should try to limit the prior knowledge restriction to key personnel, such as the Risk Manager or other senior manager.