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Protecting trustees and employees of multiemployer plans

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Customized Coverage

Chubb offers specialized fiduciary liability insurance that can be customized to fit the unique needs of our insured plans.

Multiemployer Plan Fiduciary Liability Policy

  • Streamlined coverage with Insuring Clauses for Fiduciary Liability, Voluntary Compliance, and Interview Coverage
  • Definition of Wrongful acts includes acts, errors, or omissions in an Insured’s settlor capacity with respect to establishing, amending, terminating, funding, merging, or consolidating plans, in addition to breach of duty imposed by ERISA upon fiduciaries and errors in plan administration
  • Definition of Claim includes: 
    • Pre-Claim Investigations (Insured’s option to report)
    • Benefit Claim Denials (Insured’s option to report)
    • Regulatory proceedings against an Insured Persons by an Enforcement Unit (SEC, DOJ, HHS) 
    • Subpoena requests made upon Insured Persons 
  • Definition of Loss includes: 
    • Civil penalties, where insurable by law: 
      • Health Insurance Portability and Accountability Act 
      • Health Information Technology for Economic and Clinical Health Act
      • Patient Protection and Affordable Care Act
      • Employee Retirement Income Security Act Section 502(c) 
      • Section 4975 of the Internal Revenue Code
      • Section 203 of the Bipartisan Budget Act
    • Compensatory damages
      • Punitive, exemplary, and multiplied damages, where insurable by law 
      • Claimant attorney fees awarded by a court pursuant to Section 502(g) of ERISA 
      • Pre-judgment and post-judgment interest 
      • Reasonable fees and expenses of an independent fiduciary retained to review a proposed settlement of a covered claim
  • Duty to Defend policy includes built-in flexibility for Insured to select defense counsel on a majority of claims 
  • No Hammer Clause 
  • Non-cancellable by the Insurer (except for failure to pay premium) 
  • Non-rescindable 
  • Enhanced claim reporting
  • Other enhancements may be available by endorsement

 

Labor Management Trust Fiduciary Liability Policy

  • Coverage enhancements noted above as well as other enhancements may be available by endorsement on the Labor Management Trust Fiduciary Liability Policy Form 14-02-2265 (Ed. 3/97)
Loss Prevention

Law firms providing multiemployer loss prevention services

Groom Law Group
Groom Law Group, Chartered (“Groom”) is recognized as a preeminent law firm in the United States, including its retirement, health and welfare, and litigation practices. Since ERISA was enacted, Groom has counseled multiemployer plans on benefits-related matters and has defended such parties in class action litigation and represented them in Department of Labor investigations. Fast forward to today, Groom remains at the forefront in representing multiemployer plans in defending claims brought against plans and plan trustees or in DOL investigations, and works with plans and their trustees to create viable solutions to mitigate against litigation risk.
Morgan Lewis
To help mitigate risk and avoid costly litigation, clients turn to Morgan Lewis. The sharp uptick in fiduciary litigation in recent years involves allegations of excessive fees and “imprudent” investments, and targets plans—both private and public—in all industries across the United States. With decades of experience and a deep, full-service bench of lawyers, our ERISA and employee benefits litigation teams provide practical solutions to handle alleged breaches of fiduciary duty related to 401(k) and 403(b) fees and investments, employee stock ownership plans, defined benefit plans, and other retirement plans.

Resources

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Applications

Multiemployer Plan Fiduciary Liability

Use this Application if the insured is written on the new Multiemployer Plan Fiduciary Liability Policy (Form PF-52560)

Labor Management Trust Fiduciary Liability

Use this Application if you are still using the Labor Management Trust Fiduciary Liability Policy (Form 14-02-2265)

The right fiduciary liability insurance coverage in a few clicks

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