Administrative Complaint And Subsequent Lawsuit Deemed Related Claims First Made Before EPL Coverage Incepted

A federal district court determined that there was no coverage for a claim where a related claim was first made before the policy period began. Urena v. Travelers Cas. & Sur. Co. of Am., 2025 WL 2826199 (D.N.H. Oct. 6, 2025).

A former employee of the insured company filed an administrative complaint against the company for employment discrimination in March 2019. After the administrative complaint was dismissed without prejudice and the employee received a right-to-sue letter, the employee filed a complaint in federal court in January 2021. She ultimately obtained a default judgment against the company. The employee filed a declaratory judgment action against the company's insurer, which had denied coverage for the claim, seeking an order that the company's insurance policy provided coverage for the default judgment.