Does Fiduciary Liability Cover Plan Administrators?
Fiduciary liability may cover a plan administrator when the person is insured and the claim alleges covered conduct.
A title alone does not establish ERISA fiduciary status. Check actual discretion, the plan schedule, and the policy’s insured-person definition.
Identify each administrator and specify whether they are employees, committee members, an outside provider, or a plan-named fiduciary. Read who qualifies as an insured person and insured organization; check whether third-party administrators and their acts are covered, whether the plan itself is insured, and how the policy treats negligent administration versus fiduciary-duty allegations. Review any consent, contractual-liability, or professional-services provisions and get the answer in the insurer’s written quote or endorsement.
