---
title: "Does Fiduciary Liability Cover Breach of Fiduciary Duty?"
description: "Fiduciary liability is designed to cover certain claims alleging benefit-plan fiduciary breaches, subject to the policy’s terms."
canonical: "https://spot.insure/insurance-faq/fiduciary-liability/does-fiduciary-liability-cover-breach-of-fiduciary-duty"
page-type: "faq-question"
updated-at: "2026-09-25"
---

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# Does Fiduciary Liability Cover Breach of Fiduciary Duty?

Fiduciary liability is designed to cover certain claims alleging benefit-plan fiduciary breaches, subject to the policy’s terms.

ERISA can make fiduciaries personally liable for losses caused by a breach. Insurance may fund covered defense and liability; it does not remove the underlying duty.

Look at the actual insuring agreement and who it protects; the same conduct can involve people or entities with different insured status. Check the conduct exclusion and whether it applies only after a final adjudication, the treatment of defense expenses, and any limits on fines, restitution, benefits, or equitable relief. Confirm prior-acts dates, prior-knowledge provisions, and prompt reporting obligations before assuming an existing dispute is covered.

## Related Questions

- [Does Fiduciary Liability Cover ERISA Lawsuits?](https://spot.insure/insurance-faq/fiduciary-liability/does-fiduciary-liability-cover-erisa-lawsuits)
- [Does Fiduciary Liability Cover Executives?](https://spot.insure/insurance-faq/fiduciary-liability/does-fiduciary-liability-cover-executives)
- [Fiduciary Liability vs. D&O: What Is the Difference?](https://spot.insure/insurance-faq/fiduciary-liability/fiduciary-liability-vs-do)
- [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. [Understanding Your Fiduciary Responsibilities Under a Group Health Plan](https://www.dol.gov/agencies/ebsa/about-ebsa/our-activities/resource-center/publications/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](https://uscode.house.gov/view.xhtml?req=%28title%3A29+section%3A1110+edition%3Aprelim%29). Office of the Law Revision Counsel, U.S. House of Representatives; 29 U.S.C. § 1110(b)(1)–(3). Accessed 2026-09-25.
3. [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.

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

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