What Insurance Covers Breach Of Fiduciary Duty?

Fiduciary liability insurance covers breach-of-duty claims over employee benefit plans; D&O insurance covers breach-of-duty claims over running the company.

Which policy covers a breach of fiduciary duty depends on whose money you were managing. If the claim involves an employee benefit plan such as a 401(k), fiduciary liability insurance responds. If it involves your management of the company, directors and officers (D&O) insurance responds.

Each policy usually excludes claims meant for the other, so buying only one can leave a gap. If you sponsor a benefit plan, you need both.

When you compare quotes, check which plans and fiduciaries are covered, how benefits-owed claims are treated, whether defense costs reduce the limit, and the reporting terms.

Sources for This Answer

  1. Glossary of Insurance Terms. National Association of Insurance Commissioners; Builders’ Risk Policies; Commercial General Liability; Directors & Officers Liability; Auto Liability; Business Interruption; Equipment Breakdown & Machinery. Accessed 2026-09-25.
  2. FAQs about Retirement Plans and ERISA. U.S. Department of Labor, Employee Benefits Security Administration; ERISA fiduciary responsibilities; participant rights and remedies. Accessed 2026-09-25.

Want someone to handle this for you?

Spot, which publishes this research, gets quotes from 50+ providers, picks the options that fit your coverage and budget, and manages renewals after you buy. The first consultation is free. Book a free consultation