Does Fiduciary Liability Cover ERISA Lawsuits?
Fiduciary liability may cover some ERISA lawsuits alleging a covered wrongful act, but not every claim or remedy.
ERISA allows participant suits and government enforcement. Check whether the policy covers the named parties, defense costs, and requested relief.
An ERISA case seeking overdue benefits, plan corrections, penalties, or injunctive relief can raise different coverage questions from a damages claim alleging imprudent plan management. The specimen’s treatment of benefits and equitable relief shows why the requested remedy matters. Check the specific policy’s definition of claim, claims-made and reporting provisions, prior-matter terms, defense-cost rules, and treatment of penalties or restitution. Report a demand promptly under the actual notice conditions.
Coverage Guides Related to Fiduciary Liability Insurance
Which Providers List Coverage for Fiduciary Liability Insurance?
Sources for Fiduciary Liability Insurance Answers
- FAQs about 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.
- Fiduciary Liability. 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.
- Liability General Terms, Conditions and Limitations. Travelers Casualty and Surety Company of America; III.F–G p.6. Accessed 2026-09-25.