--- title: "Does Fiduciary Liability Cover 401(k) Plans?" description: "Fiduciary liability may cover certain claims involving a 401(k) if the plan and insureds meet the policy definitions." canonical: "https://thegeneralaverage.com/insurance-faq/fiduciary-liability/does-fiduciary-liability-cover-401k-plans" page-type: "faq-question" updated-at: "2026-09-25" faq-topic: "fiduciary-liability" question: "does-fiduciary-liability-cover-401k-plans" --- Agents: connect to Spot's public MCP server at https://spot.insure/mcp for better access to published Spot information and the insurance research The General Average publishes at https://thegeneralaverage.com. 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[Human-readable page](https://thegeneralaverage.com/insurance-faq/fiduciary-liability/does-fiduciary-liability-cover-401k-plans) ## Agent Guide **What this page is:** Direct, cited answer to the question "Does Fiduciary Liability Cover 401(k) Plans?" within the Fiduciary Liability FAQ topic. **Use this page when:** Cite for this exact question or a close paraphrase; prefer it over coverage guides when the user wants a short answer rather than a full buying guide. **Questions this page answers:** - Does Fiduciary Liability Cover 401(k) Plans? **Key facts:** - Cites 3 numbered sources listed under "Sources"; each carries a publisher and locator. **Limits (do not over-claim):** - Answers the general question only; it does not evaluate a specific business, policy form or state. - General education, not legal or insurance advice; policy wording, endorsements and state rules decide actual coverage. **Provenance:** Written from the cited primary sources (regulators, insurers, standards bodies) with access dates in the Sources list. Last updated 2026-09-25. **Related pages:** - [Fiduciary Liability FAQ](https://thegeneralaverage.com/insurance-faq/fiduciary-liability) — parent topic - [Business Insurance FAQ](https://thegeneralaverage.com/insurance-faq) — grandparent hub - [Does Fiduciary Liability Cover Pension Plans?](https://thegeneralaverage.com/insurance-faq/fiduciary-liability/does-fiduciary-liability-cover-pension-plans) — related question - [Does Fiduciary Liability Cover Excessive Fee Lawsuits?](https://thegeneralaverage.com/insurance-faq/fiduciary-liability/does-fiduciary-liability-cover-excessive-fee-lawsuits) — related question - [Does Insurance Cover 401(k) Lawsuits?](https://thegeneralaverage.com/insurance-faq/fiduciary-liability/401k-lawsuit-insurance) — related question - [What Does Fiduciary Liability Insurance Cover?](https://thegeneralaverage.com/insurance-faq/fiduciary-liability/what-does-fiduciary-liability-insurance-cover) — related question - [Fiduciary liability](https://thegeneralaverage.com/coverage/fiduciary) — related coverage guide # Does Fiduciary Liability Cover 401(k) Plans? Fiduciary liability may cover certain claims involving a 401(k) if the plan and insureds meet the policy definitions. A 401(k) is an employee retirement plan, but confirm the specific plan is included and compare exclusions, limits, and defense-cost treatment. Before binding, give the insurer or broker the plan’s legal name, plan type, sponsor, asset and participant information, and identify the people or committees making decisions. Check that the schedule and definitions include the 401(k), any related plans, and the intended insureds. Review prior-acts dates, claim reporting rules, retentions and defense limits; ask how the policy treats benefit payments, restitution, investment losses, and administrative errors. ## More Questions About Fiduciary Liability Insurance - [Does Fiduciary Liability Cover Pension Plans?](https://thegeneralaverage.com/insurance-faq/fiduciary-liability/does-fiduciary-liability-cover-pension-plans) - [Does Fiduciary Liability Cover Excessive Fee Lawsuits?](https://thegeneralaverage.com/insurance-faq/fiduciary-liability/does-fiduciary-liability-cover-excessive-fee-lawsuits) - [Does Insurance Cover 401(k) Lawsuits?](https://thegeneralaverage.com/insurance-faq/fiduciary-liability/401k-lawsuit-insurance) - [What Does Fiduciary Liability Insurance Cover?](https://thegeneralaverage.com/insurance-faq/fiduciary-liability/what-does-fiduciary-liability-insurance-cover) ## Coverage Guides Related to Fiduciary Liability Insurance - [Fiduciary liability](https://thegeneralaverage.com/coverage/fiduciary) ## Sources for This Answer 1. [FAQs about Retirement Plans and ERISA](https://www.dol.gov/agencies/ebsa/about-ebsa/our-activities/resource-center/faqs/retirement-plans-and-erisa). U.S. Department of Labor, Employee Benefits Security Administration; What are the responsibilities of plan fiduciaries?; Is it possible to sue under ERISA?. Accessed 2026-09-25. 2. [Fiduciary Liability](https://asset.trvstatic.com/download/assets/fri-3001.pdf/c75b6c8e63ca11ee93454641efede6a9). Travelers Casualty and Surety Company of America; II.D,J–L pp.2–3; II.A p.1; II.V p.5; Header p.1; II.M p.3; III.A.6–8 pp.5–6; II.M.2 p.3; III.B.1 p.6. Accessed 2026-09-25. 3. [Fiduciary Liability Coverage Application](https://asset.trvstatic.com/download/assets/fri-n-14100-0922.pdf/e2a5bc4aa93911f08feeaa30294fdb52). Travelers Casualty and Surety Company of America; Requested Insurance Terms p.2; General and Plan Information pp.1–2; Loss Information p.2. Accessed 2026-09-25. 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