Fiduciary Liability Insurance pays, on behalf of the insured, the legal liability arising from claims for alleged failure to prudently act within the meaning of the Pension Reform Act of 1974 (ERISA). “Insured” is variously defined as a trust or employee benefit plan, any trustee, officer or employee of the trust or employee benefit plan, employer who is sole sponsor of a plan and any other individual or organization designated as a fiduciary. Group life and medical expense plans, as well as pension and retirement plans, are within the scope of the law.
A Fiduciary Liability policy is meant to provide coverage for both defense costs and loss payments for these exposures. It is important to realize that these exposures are not limited to employee savings plans. Fiduciary Liability Coverage extends to health and welfare plans as well.