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North Dakota EPLI: One-employee reach, off-hours conduct, and capped administrative relief

North Dakota defines employer to include an in-state employer with one or more employees for more than one quarter of the year and an out-of-state employer whose worker performs any services partly or wholly in North Dakota. Its law also protects some lawful off-premises activity and limits administrative relief to equitable orders and up to two years of back pay. 1,2

What Is Employment Practices Liability?

EPLI can help pay covered defense costs and losses when applicants or workers allege discrimination, harassment, wrongful termination or other workplace wrongdoing. If you employ people, check the claim definition, defense costs and prior acts. Read the national Employment practices liability guide.

North Dakota Requirements

RequirementDetails
Employer reachOne or more employees for more than one quarter of the year for an in-state person; one or more employees performing services partly or wholly in North Dakota for a person wherever situated. 1

What to Watch for in North Dakota

  • A single North Dakota worker can matter

    The statutory employer definition expressly includes a person wherever situated whose employee performs services partly or wholly in North Dakota. Businesses with a remote North Dakota worker should ask whether the policy schedule, application, and insured-entity wording reflect that location. 1

  • Some off-duty conduct is expressly protected

    The employment provision includes participation in lawful activity off the employer’s premises during nonworking hours, unless it directly conflicts with essential business-related interests. Ask whether the application or policy has relevant lawful-activity, conduct, or prior-knowledge wording; the legal rule does not dictate coverage. 1

  • Administrative and court remedies differ

    Under §14-02.4-20, the department or court may order injunctions, equitable relief, and back pay capped at two years from a minimally sufficient complaint; the department and administrative hearing officer cannot order compensatory or punitive damages. Courts may award fees. Ask counsel and the insurer to separate the possible forum/remedy from contractual coverage. 1

Who Regulates Insurance in North Dakota

North Dakota Insurance Department

The North Dakota Insurance Department regulates insurers and producers, provides licensing and company searches, and investigates insurance complaints to assess compliance with state law and policy terms. 3,4,5

Surplus-lines tax and stamping office

Reported tax rate: 1.75% of gross premium, assessments and policy fees, less return premium, when North Dakota is home state When North Dakota is the insured’s home state, the 1.75% tax applies to the entire gross premium, assessments, membership and subscriber fees, and policy or service fees on multistate policies, less return premium. North Dakota permits independent procurement only under separate statutory conditions; the policyholder should confirm whether a licensed broker placement or independent procurement applies. Nonadmitted insurers generally do not participate in state guaranty funds. 6,7,8

Providers With Documented State Licenses

These providers publish a national listing for Employment practices liability; the state records document licenses for the entities and roles shown below. Some records rely on company-reported information rather than independent regulator verification. A national listing does not confirm the product is available in North Dakota. Check the regulator’s license lookup and confirm state availability for your business when requesting a quote.

  • CoalitionCoalition Insurance Solutions, Inc.Insurance producer, Surplus-lines broker · checked 2026-09-28Coalition’s license page lists producer and surplus-lines licenses for Coalition Insurance Solutions, Inc. in all 50 states and the District of Columbia. The page separately lists insurers; this record covers the brokerage entity only. 10
  • CorgiCorgi Insurance Services, Inc.Insurance producer · checked 2026-09-28Corgi’s company producer-license table lists 50 jurisdictions: 49 states and the District of Columbia, including DC license 3003091619. New Mexico does not appear in the table and is not included here; the omission does not establish that Corgi is unlicensed there. The company-reported table has no stated as-of date and does not establish product availability. 11
  • TechInsuranceSpecialty Program Group LLCInsurance producer · checked 2026-09-28TechInsurance’s current licensing page names Specialty Program Group LLC / SPG Insurance Solutions and lists state license numbers, but labels Rhode Island “Individual licenses” rather than identifying a license for the named agency. RI is omitted because this disclosure does not establish agency authority there; this is a search limitation, not an assertion that the company is unlicensed. The remaining state entries are company-reported and are not an insurance product availability map. 14
  • VouchVouch Specialty Insurance Services, LLCInsurance producer, Surplus-lines broker · checked 2026-09-28Vouch’s licenses page, effective January 16, 2025, lists producer licenses in all 50 states and DC. Its separate surplus-lines table includes Idaho number 870820, while a footnote says Georgia and Idaho do not issue agency-level surplus-lines licenses. Because those statements conflict for Idaho, this record keeps Idaho producer-only and does not treat the table number as established agency surplus-lines authority. The page is company-reported and does not establish product availability. 15

Questions to Ask Before You Buy in North Dakota

  1. Does the policy identify the North Dakota work location and include the entity employing remote staff?
  2. Does it treat a state agency complaint as a claim, and when does notice become due?
  3. How are related alleged acts and the administrative back-pay window handled under the policy?
  4. Do defense costs erode limits, and how are fee awards or other uncovered relief addressed?

Employment Practices Liability in North Dakota: FAQ

Can an employer outside North Dakota fall within the state definition with one employee? 1

Yes. The definition includes a person wherever situated with one or more employees whose services are partially or wholly performed in North Dakota. For an employer located in North Dakota, the definition uses one or more employees for more than one quarter of the year. 1

Can the Department of Labor order punitive damages under this chapter? 1,2

Section 14-02.4-20 says the department and administrative hearing officer may not order compensatory or punitive damages. It does authorize specified equitable relief and capped back pay, while a court’s authority is separately stated. None of this guarantees insurance response. 1,2

Employment Practices Liability in Other States

Other Coverage in North Dakota

Sources

  1. North Dakota Century Code, Chapter 14-02.4, Human Rights Act. North Dakota Legislative Council; §14-02.4-02(8) employer definition; §14-02.4-03 employment practices; §14-02.4-20 relief; current codified chapter opened 2026-09-28. Accessed 2026-09-28.
  2. Employment Discrimination. North Dakota Department of Labor and Human Rights; Agency’s charge deadline (300 days from last date of harm), investigation, conciliation and hearing route. Accessed 2026-09-28.
  3. North Dakota Insurance Department. North Dakota Insurance Department; Official department homepage; identifies regulation of insurance and consumer/business assistance. Accessed 2026-09-28.
  4. Print License / Search for an Agent. North Dakota Insurance Department; Official licensing page directs the public to current SBS public lookup for agent status, license number, lines and appointments; linked public lookup is up to date. Accessed 2026-09-28.
  5. Complaints. North Dakota Insurance Department; Official complaint process; Department reviews compliance with insurance laws and policy coverage; directs online filings to state-specific SBS complaint form. Accessed 2026-09-28.
  6. Surplus Lines. North Dakota Insurance Department; Current official page: ND home-state rate 1.75% on total premium including assessments and policy fees for multistate coverage; explains home-state allocation and nonadmitted insurer guaranty status. Accessed 2026-09-28.
  7. N.D.C.C. Chapter 26.1-44, Surplus Lines Insurance. North Dakota Legislative Branch; §26.1-44-03.1 sets 1.75% tax base, home-state rule, fee inclusion, return premiums; §§26.1-44-08 and related provisions cover placements. Accessed 2026-09-28.
  8. Surplus Lines. North Dakota Insurance Department; Official page states nonadmitted insurers generally do not participate in state-created insurance guaranty funds. Accessed 2026-09-28.
  9. Licenses. At-Bay; Current producer introduction and state table; At-Bay Insurance Services LLC; P&C and surplus-lines identifiers. Accessed 2026-09-21.
  10. Licenses and Carriers. Coalition; Licenses and Carriers, re-read 22 September 2026: Insurance Licenses table for Coalition Insurance Solutions, Inc., national producer number 18419475, with producer and surplus-lines numbers for all 50 states and DC including California 0L76155, Georgia 196479, Texas 2199630 and 2205589, Pennsylvania 815731 and 817452, Colorado 539028 and Wisconsin 3000108852. Insurance Carriers table naming, with NAIC numbers, Allianz Underwriters Insurance Company 36420, Arch Specialty Insurance Company 21199, Ascot Specialty Insurance Company 45055, Ascot Insurance Company 23752, Aspen Specialty Insurance Company 10717, Chaucer Insurance Company DAC, Coalition Insurance Company 29530, Fireman's Fund Indemnity Corporation 11380, Fortegra Specialty Insurance Company 16823, Lloyd's of London, MSIG Specialty Insurance USA Inc. 34886, MS Transverse Specialty Insurance Company 41807, Steadfast Insurance Company 26387, Vantage Risk Specialty Insurance Company 16275 and Zurich American Insurance Company 16535. Accessed 2026-09-22.
  11. Insurance Producer Licenses. Corgi Insurance; Current complete Insurance Producer Licenses table for Corgi Insurance Services, Inc.; 50 rows covering 49 states and DC (DC 3003091619); no New Mexico row; no NPN or as-of date shown. Accessed 2026-09-28.
  12. About Hiscox US Insurance. Hiscox; Hiscox Insurance Company Inc. NAIC 10200 as Chicago, IL domiciled insurer admitted or licensed in all 50 states and D.C.; Hiscox Inc. as general agent and Lloyd’s coverholder for Syndicates 33 and 3624; surplus-lines placements through licensed surplus-lines brokers; A.M. Best rating statement. Accessed 2026-09-16.
  13. Licenses. ERGO NEXT Insurance; Current entity-by-state license table reopened 28 September 2026: 50 rows under Next First Insurance Agency, Inc., including Washington, DC; New York rows instead list Next Insurance Services PC-1423070 and AP Intego BR-1198885. Accessed 2026-09-28.
  14. Insurance Licenses by State. TechInsurance; Current state table; identifies TechInsurance as a division of Specialty Program Group LLC d/b/a SPG Insurance Solutions; lists DC 3000041536 and labels Rhode Island “Individual licenses,” without an agency license number. Accessed 2026-09-28.
  15. Licenses. Vouch; Effective 16 January 2025: Vouch Specialty Insurance Services, LLC, NPN 19926463; P&C table (50 states and DC); surplus-lines table includes Idaho 870820; footnote says Georgia and Idaho do not issue agency-level surplus-lines licenses; Idaho retained as producer-only due to conflict. Accessed 2026-09-15.

Updated .

This guide is informational and does not determine whether a policy is available or meets your needs. Editorial policy. To suggest a correction, contact Spot with a supporting source.

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