---
title: "Does Fiduciary Liability Cover 401(k) Plans?"
description: "Fiduciary liability may cover certain claims involving a 401(k) if the plan and insureds meet the policy definitions."
canonical: "https://spot.insure/insurance-faq/fiduciary-liability/does-fiduciary-liability-cover-401k-plans"
page-type: "faq-question"
updated-at: "2026-09-25"
---

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# Does Fiduciary Liability Cover 401(k) Plans?

Fiduciary liability may cover certain claims involving a 401(k) if the plan and insureds meet the policy definitions.

A 401(k) is an employee retirement plan, but confirm the specific plan is included and compare exclusions, limits, and defense-cost treatment.

Before binding, give the insurer or broker the plan’s legal name, plan type, sponsor, asset and participant information, and identify the people or committees making decisions. Check that the schedule and definitions include the 401(k), any related plans, and the intended insureds. Review prior-acts dates, claim reporting rules, retentions and defense limits; ask how the policy treats benefit payments, restitution, investment losses, and administrative errors.

## Related Questions

- [Does Fiduciary Liability Cover Pension Plans?](https://spot.insure/insurance-faq/fiduciary-liability/does-fiduciary-liability-cover-pension-plans)
- [Does Fiduciary Liability Cover Excessive Fee Lawsuits?](https://spot.insure/insurance-faq/fiduciary-liability/does-fiduciary-liability-cover-excessive-fee-lawsuits)
- [Does Insurance Cover 401(k) Lawsuits?](https://spot.insure/insurance-faq/fiduciary-liability/401k-lawsuit-insurance)
- [What Does Fiduciary Liability Insurance Cover?](https://spot.insure/insurance-faq/fiduciary-liability/what-does-fiduciary-liability-insurance-cover)

## Related Coverage

- [Fiduciary liability](https://spot.insure/coverage/fiduciary)

## Sources

1. [FAQs about Retirement Plans and ERISA](https://www.dol.gov/agencies/ebsa/about-ebsa/our-activities/resource-center/faqs/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.
2. [Fiduciary Liability](https://asset.trvstatic.com/download/assets/fri-3001.pdf/c75b6c8e63ca11ee93454641efede6a9). 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.
3. [Fiduciary Liability Coverage Application](https://asset.trvstatic.com/download/assets/fri-n-14100-0922.pdf/e2a5bc4aa93911f08feeaa30294fdb52). Travelers Casualty and Surety Company of America; Requested Insurance Terms p.2; General and Plan Information pp.1–2; Loss Information p.2. Accessed 2026-09-25.

More answers: [Fiduciary Liability and ERISA Bonds FAQ](https://spot.insure/insurance-faq/fiduciary-liability).

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