Does Fiduciary Liability Cover ERISA Lawsuits?
Fiduciary liability may cover some ERISA lawsuits alleging a covered wrongful act, but not every claim or remedy.
ERISA allows participant suits and government enforcement. Check whether the policy covers the named parties, defense costs, and requested relief.
An ERISA case seeking overdue benefits, plan corrections, penalties, or injunctive relief can raise different coverage questions from a damages claim alleging imprudent plan management. The specimen’s treatment of benefits and equitable relief shows why the requested remedy matters. Check the specific policy’s definition of claim, claims-made and reporting provisions, prior-matter terms, defense-cost rules, and treatment of penalties or restitution. Report a demand promptly under the actual notice conditions.
