Is Fiduciary Liability Insurance Required?

ERISA generally does not require fiduciary liability insurance, but it may require a separate bond for people handling plan assets.

A contract, lender, investor, board, or plan document could create a separate practical requirement even where ERISA does not.

Check applicable plan documents and agreements, then distinguish any request for “fiduciary insurance” from a required ERISA bond. For a bond, verify which handlers are covered and the required amount. For liability insurance, review policy scope, insureds, exclusions, limits, and dates; don’t assume one product satisfies the other requirement.

Which Providers List Coverage for Fiduciary Liability and ERISA Bonds?

Sources for Fiduciary Liability and ERISA Bonds Answers

  1. Understanding Your Fiduciary Responsibilities Under a Group Health Plan. U.S. Department of Labor, Employee Benefits Security Administration; Who Is a Fiduciary?; What Is the Significance of Being a Fiduciary?; Bonding. Accessed 2026-09-25.
  2. 29 U.S.C. § 1110: Exculpatory Provisions; Insurance. Office of the Law Revision Counsel, U.S. House of Representatives; 29 U.S.C. § 1110(b)(1)–(3). Accessed 2026-09-25.
  3. Field Assistance Bulletin No. 2008-04: Guidance Regarding ERISA Fidelity Bonding Requirements. U.S. Department of Labor, Employee Benefits Security Administration; Q2 pp.2–3. Accessed 2026-09-25.

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