What key element allows the insured to have the right to defend against suits under an EPLI policy?

The key element that allows the insured to have the right to defend against suits under an Employment Practices Liability Insurance (EPLI) policy is the duty to defend suits. This duty is a fundamental aspect of many liability insurance policies, indicating that the insurer is obligated to provide a legal defense for the insured when a claim is made against them for employment-related issues, such as wrongful termination, discrimination, or harassment.

When an EPLI policy includes a "duty to defend," it means that the insurer must provide legal representation and cover the costs associated with defending against legal actions that fall within the scope of the coverage. This is crucial because it not only protects the financial interests of the insured but also supports the insured’s right to defend their actions and maintain their reputation in the face of allegations.

In contrast, while the right to settle, the obligation to report incidents, and the ability to choose legal representation are relevant considerations in the overall framework of insurance policies, they do not directly grant the insured the right to defend themselves in lawsuits. Instead, the specific inclusion of the duty to defend creates an assurance that the insurer will actively participate in providing a defense, thereby allowing the insured to focus on the legal process without the burden of financial distress.