This course has two goals—to take a detailed look at the fiduciary liability exposures that were created by the Employee Retirement Income Security Act (ERISA) of 1974 and to review the insurance policies that have been developed to cover these liability exposures.
The first part of the course describes the basic fiduciary duties set forth in ERISA, examines the specific types of pension and benefit plans governed by ERISA, and analyzes the particular claims exposures created by these duties. Next, the course discusses the way in which fiduciary liability insurance is underwritten, provides methods of controlling exposures to fiduciary liability claims, and explains how fiduciary liability coverage is coordinated with other types of management liability insurance policies. The second part of the course takes a detailed look at the specific provisions within fiduciary liability insurance policy forms, including insuring agreements, covered persons/organizations, provisions pertaining to status changes, key definitions, limits/deductibles, conditions, exclusions, and coverage triggers.