Does Fiduciary Liability Cover Plan Administrators?

Fiduciary liability may cover a plan administrator when the person is insured and the claim alleges covered conduct.

A title alone does not establish ERISA fiduciary status. Check actual discretion, the plan schedule, and the policy’s insured-person definition.

Identify each administrator and specify whether they are employees, committee members, an outside provider, or a plan-named fiduciary. Read who qualifies as an insured person and insured organization; check whether third-party administrators and their acts are covered, whether the plan itself is insured, and how the policy treats negligent administration versus fiduciary-duty allegations. Review any consent, contractual-liability, or professional-services provisions and get the answer in the insurer’s written quote or endorsement.

Which Providers Offer Fiduciary Liability Insurance?

Sources

3 documents, numbered as cited.

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