Does Fiduciary Liability Cover Excessive Fee Lawsuits?
Fiduciary liability may cover an excessive-fee lawsuit alleging imprudent plan management, subject to policy terms and treatment of restitution.
DOL says fiduciaries must pay only reasonable plan expenses. Check whether the policy covers defense and damages, and whether restitution or returned fees are excluded.
Check whether the quoted form covers defense and settlements for the pleaded allegations, how defense costs reduce the limit, and whether the policy excludes or limits restitution, fees, disgorgement, or amounts characterized as benefits. Review the insured-person and plan definitions and any prior-knowledge or prior-proceeding exclusions as well. Preserve fee studies, service-provider comparisons, committee minutes, and notices; insurance does not replace a prudent documented selection and monitoring process.
