---
title: "Does D&O Cover Breach of Fiduciary Duty?"
description: "D&O may cover a fiduciary-duty claim about corporate management, while benefit-plan duties may require fiduciary liability insurance."
canonical: "https://spot.insure/insurance-faq/directors-officers/do-cover-fiduciary-duty"
page-type: "faq-question"
updated-at: "2026-09-25"
---

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# Does D&O Cover Breach of Fiduciary Duty?

D&O may cover a fiduciary-duty claim about corporate management, while benefit-plan duties may require fiduciary liability insurance.

The phrase can refer to different roles. Check whether the allegation concerns company governance or administering an employee benefit plan before relying on D&O.

Corporate fiduciary-duty allegations may fall within D&O’s defined wrongful acts, but duties relating to a retirement or benefit plan raise a different coverage question. DOL explains that ERISA fiduciary status depends on functions such as discretion or control over plan assets, not simply title. A plan fiduciary might have individual D&O protection for one management claim yet face an ERISA exclusion for plan conduct. Side A/B/C do not replace a dedicated fiduciary-liability grant. Identify the plan and capacity involved, read the D&O exclusion and any exception, and confirm which policy covers defense and loss for benefit-plan claims.

## Related Questions

- [Does D&O Cover Mismanagement?](https://spot.insure/insurance-faq/directors-officers/do-cover-mismanagement)
- [D&O vs Fiduciary Liability: What’s the Difference?](https://spot.insure/insurance-faq/directors-officers/do-vs-fiduciary)
- [Does D&O Cover Regulatory Investigations?](https://spot.insure/insurance-faq/directors-officers/do-cover-regulatory-investigations)
- [What Does D&O Insurance Cover?](https://spot.insure/insurance-faq/directors-officers/what-does-do-cover)

## Related Coverage

- [Directors and officers](https://spot.insure/coverage/directors-officers)

## Sources

1. [Glossary of Business Insurance Terms](https://www.thehartford.com/business-insurance/glossary-of-business-insurance-terms). The Hartford; Directors and Officers Liability Insurance; Errors and Omissions Insurance; Employment Practices Liability Insurance; Fiduciary Liability Insurance; General Liability Insurance; Management Liability Insurance; Underwriting. Accessed 2026-09-25.
2. [Directors and Officers insurance](https://www.iii.org/article/directors-and-officers-insurance). Insurance Information Institute (Triple-I); What D&O covers; What’s excluded?; The added value of protecting company leaders. Accessed 2026-09-25.
3. [ERISA Fiduciary Advisor](https://webapps.dol.gov/elaws/ebsa/fiduciary/q4a.htm). U.S. Department of Labor, Employee Benefits Security Administration; Who are the plan’s fiduciaries?. Accessed 2026-09-25.

More answers: [Directors and Officers (D&O) Insurance FAQ](https://spot.insure/insurance-faq/directors-officers).

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