Fiduciary liability coverage is written to protect plan fiduciaries in the event that they breach their duties under ERISA. The Employee Retirement Income Security Act of 1974 (ERISA) substantially increased the liabilities of fiduciaries in the United States.

What we cover:

  • ERISA violations
  • Conflict of interest in investment of plan assets
  • Imprudent investment decisions
  • Inappropriate loans using plan assets
  • Improperly advising plan participants
  • Mishandling of funds
  • Inaccurate year-end reporting
  • Delinquent employer contributions

What we write:

Why buy Fiduciary liability?

  • Fiduciary insurance coverage tailored for non-profits
  • Mitigate legal risks
  • Coverage for administrative errors
  • Affordable peace of mind

Understanding coverage

Expand all
  • Covered defense costs to be in addition to limits of liability
  • Claim specifically includes any proceeding before the Department of Labor or the Pension Benefit Guaranty Corporation
  • Coverage for single employer plans, including Employee Stock Ownership Plans
  • Defense costs coverage for 5% and 20% penalties imposed under 502(i) and 502(l) of ERISA
  • No discrimination exclusion
  • Automatic coverage for newly acquired or created plans
  • HIPAA Coverage
  • Ability to give Notice of potential claims during Discovery Period
  • Automatic waiver of recourse provision
  • Full severability of all exclusions
  • No retention (when EPL Coverage Section purchased)

*Note: the above coverage highlights are for illustration purposes only and shall not be construed as policy interpretations.

  • Duty to defend form
  • Worldwide coverage
  • Coverage non-cancelable by Underwriters except for non-payment of premium
  • Broad definition of Insureds, including coverage for Directors and Officers, employees as well as the corporate entity and any such organization as a debtor -in-possession or a bankruptcy estate of such entity
  • Severability as respects all exclusions and the application
  • Spousal/domestic partner extension
  • Broad definition of subsidiary to include automatic coverage for newly created or acquired subsidiaries with no threshold or reporting requirements. Automatic coverage for joint ventures
  • Multiple year run off and discovery period options offered at time of quote
  • Bilateral discovery
  • No Consent to Settle clause
Terms
  • Primary $5MM in capacity for each coverage section. Options for combined or separate limits of liability are available
  • Excess $5MM in capacity for each coverage section. Options for combined or separate limits of liability are available
  • $0 retention on the Fiduciary Liability Coverage Section if the Employment Practices elected
  • Duty to Defend with no Consent to Settle clause
Target classes

E-Risk Services specializes in private company insurance for many types of organizations, including real estate, high-tech, biotech, start-ups or long-established organizations.

Some, but not all, of the classes of business E-Risk insures are listed below:

  • Accountants
  • Advertisers
  • Alternative energy
  • Automotive services
  • Collection agencies
  • Contractors
  • Co-ops
  • Daycare centers
  • Distributors
  • Defense contractors
  • Employment/staffing firms
  • Franchisee and franchisor
  • Information technology
  • Insurance agents/brokers
  • Life sciences
  • Manufacturers
  • Medical billing
  • Personal services
  • Professional services organizations
  • Retail
  • Real estate
  • Restaurants
  • Telecommunication
  • Transportation services
clickbutton icon
Get a quick quote or fill out a full application online

Explore our other E-Risk products

Reinforce your E-Risk coverage with any combination of these products.