Managing Hospitality Risks in Management Liability

Chris Brooks, Assistant Vice President of Management Liability at Berkley Select, shares his insights on the evolving landscape of hospitality risks within the Management Liability (ML) and Employment Practices Liability (EPL) space. With over 17 years of experience, Brooks offers a seasoned perspective on the challenges and trends shaping coverage for hospitality businesses.

 Common Hospitality Risks Berkley Select Insures:

Berkley Select provides management liability coverage for a wide range of businesses within the hospitality sector, including restaurants, hotels, bars, entertainment venues, and retail establishments. These businesses face a unique set of risks due to their high customer interaction, diverse employee base, and operational complexity. The nature of hospitality operations makes them particularly vulnerable to employment-related claims, requiring tailored coverage and proactive risk management.

 Why Hospitality Carries Higher EPL Exposure:

The hospitality industry is especially susceptible to EPL claims because of its workforce characteristics and dynamic environment. High employee turnover, seasonal staffing, and a younger, often less experienced workforce contribute to a greater likelihood of disputes. The fast-paced, customer-facing nature of hospitality jobs can lead to communication breakdowns and interpersonal conflicts. These factors increase the risk of claims involving harassment, discrimination, wrongful termination, and wage and hour violations—making EPL coverage essential for hospitality businesses.

 Post-COVID Trends in Hospitality Claims

Since the COVID-19 pandemic, there has been a noticeable shift in the types of claims emerging from the hospitality sector. As businesses reopened and rehired staff, disputes arose around return-to-work policies, accommodations for health concerns, and compliance with evolving safety protocols. Claims related to layoffs and rehiring practices have also increased, particularly where employees felt they were treated unfairly or inconsistently. Additionally, new state-level employment laws introduced during and after the pandemic have created compliance challenges, leading to a rise in claims tied to leave policies, wage transparency, and workplace flexibility.

The Costliest Types of EPL Claims

The most financially burdensome EPL claims typically involve allegations of retaliation, especially when connected to whistleblower complaints or protected activities. These claims often result in prolonged litigation and significant settlement costs. Sexual harassment and discrimination claims—particularly those based on race, gender, or disability—also tend to be costly due to the emotional distress involved and the potential for reputational damage. Wrongful termination claims can be expensive as well, especially when they involve high-level employees or are accompanied by claims of emotional harm or punitive damages.

Shifts in Allegation Types

There has been a clear shift in the types of allegations being filed in recent years. Retaliation claims have become increasingly common and now rank among the most frequently filed and most expensive EPL claims. Discrimination claims are also evolving, with newer protected categories such as gender identity, caregiver status, and reproductive health decisions gaining prominence. Wage transparency and equal pay disputes are gaining traction, particularly in states with new legislation on salary disclosures. These trends reflect a broader societal focus on equity, inclusion, and employee rights.

What Makes Writing the ML Line Rewarding

For Brooks, the most rewarding aspect of writing the ML line is the relationships. “After 17+ years with Berkley Select, I’ve had the chance to work closely with brokers and clients across a wide range of industries, and that personal connection is incredibly rewarding,” he shares. “Every account is different, and I love the challenge of digging into the details of each risk. It’s not just about underwriting a policy—it’s about understanding a business, anticipating its needs, and being a trusted partner in protecting what matters most to them.” That mix of strategy, collaboration, and problem-solving is what keeps the work exciting and meaningful.

Meet the Author

Chris Brooks, Assistant Vice President of Management Liability

Berkley Select

Chris Brooks is the Assistant Vice President of Management Liability at Berkley Select, where he began as an Underwriter in 2008. He is well-known in the ML space among broker partners and is a trusted source and mentor to many. He holds both the RPLU and CPCU certifications and is a graduate of Columbia College.