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Fiduciary Liability for Health Care Organizations

In today’s increasingly litigious society, fiduciaries of pension plans and employee welfare benefit plans can be held personally liable for a mistake in administering the plan or perceived breach of fiduciary duty. Chubb developed the ACE EXPRESS® Private Health Care Protection Policy and the ACE EXPRESS® Not-For-Profit Health Care Protection Policy to specifically address the unique exposures faced by plan fiduciaries of health care organizations.

Coverage Highlights


  • Provides coverage for HIPAA fines and penalties
  • Unparalleled claim expertise -  Chubb has four decades of experience in handling fiduciary claims
  • Continued financial stability as one of A.M. Best Company’s elite highest-ranking insurers
  • Local underwriters and claims examiners with industry and state specific legal expertise
  • Covers ERISA and non-ERISA employee benefit plans 
  • Worldwide coverage to the fullest extent permitted by law
  • Access to loss prevention resources


  • Responds to allegations including:
    • Wrongful denial or improper change in benefits
    • Error or omission in plan administration
    • Improper advice or counsel
    • Failure to administer the plan according to plan documents
    • Conflicts of interest and prohibited transactions
    • Imprudent investment of assets or lack of investment diversity
    • Imprudent selection and failure to monitor third-party service providers
  • Automatic coverage for most newly created or acquired plans
  • Expanded coverage triggers for Plan Preliminary Inquiries (pre-claim investigations) and tolling requests
  • Coverage for certain penalties and fees levied by the DOL and IRS under a voluntary settlement program, as well as for attendant legal expenses
  • Broad definition of ERISA includes equivalent laws established anywhere in the world
  • Expanded definition of Loss includes many fines and penalties assessed under ERISA, HIPAA, the Internal Revenue Code, the Pension Protection Act, and the Patient Protection and Affordable Care Act, and similar law
  • Broad definition of Wrongful Act including acts, errors or omissions in an Insured’s settlor capacity available for qualified risks
  • Broad definition of Insureds includes trustees, directors, officers, employees, Plan Committees and Corporate Trustee Organizations

What is Fiduciary Liability Insurance?

From top corporate executives that hire investment managers to payroll clerks that process enrollment forms, Fiduciary Liability may be the only coverage that adequately protects people against liability for managing or administering an employee benefit plan.

Educational Materials
Educational Materials

Fiduciary Liability industry trends, loss scenarios, and frequently asked questions