Liability Insurance for ERISA Plan Sponsors: Maximizing Coverage Under Employee Benefits and Fiduciary Liability Policies

Securing Coverage for Civil Damages and Tax Assessments Arising From the ACA and Other Claims

Recording of a 90-minute premium CLE webinar with Q&A

Conducted on Thursday, June 4, 2015

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will help ERISA counsel evaluate the adequacy of plan sponsors’ liability coverage in light of liability exposures created by the Patient Protection and Affordable Care Act (ACA). The panel will review the current state of case law discussing Employee Benefits Liability (EBL) and Fiduciary Liability coverage and guide counsel in overcoming insurer objections to coverage for claims arising under the ACA.


ACA implementation exposes ERISA plan sponsors to new liabilities by creating additional statutory bases for claims alleging denial of benefits.  Employees considered “full-time” under the ACA may be misclassified by employers as part-time or as independent contractors, resulting in an employer denying a worker ACA-mandated benefits in violation of ERISA.  Civil damages and IRS assessments create substantial liability exposure for companies.

ERISA plan sponsors and fiduciaries will find it prudent to have sufficient liability coverage in place to protect against a host of potential claims. EBL insurance protects plan sponsors from damages arising from the administration of employee benefit plans and may provide coverage for claims denied under exclusions for employment-related practices in CGL policies and not covered under fiduciary liability policies.

Listen as our panel of employee benefits attorneys and insurance professionals explains the best practices for assessing coverage under EBL, fiduciary liability, and CGL policies. The panel will help benefits counsel assess plan sponsors’ EBL coverage for potential ACA-related claims and offer strategies for countering insurers’ denial of coverage for claims.



  1. Potential employee claims arising under ACA, ERISA
  2. Understanding and negotiating types of coverage
    1. Employee benefits liability (EBL) insurance
    2. Fiduciary liability insurance
  3. Best practices for procuring adequate coverage for potential related ACA claims
  4. Best practices for plan sponsors facing a potential claim or assessment/enforcement action
  5. Review of cases interpreting EBL and fiduciary liability coverage and employment-related practices exclusions


The panel will review these and other key issues:

  • What new liability risks and claims does the ACA create for plan sponsors?
  • What coverages are available under EBL policies and fiduciary liability policies?
  • What potential coverage disputes are likely to arise with insurers and how can plan sponsors effectively argue for coverage?
  • How do different courts interpret the “administration” of employee benefit plans?


Stephen D. Rosenberg
Stephen D. Rosenberg

Of Counsel
The Wagner Law Group

Mr. Rosenberg is an experienced ERISA and business disputes lawyer with substantial expertise in ERISA litigation,...  |  Read More

Scheuermann, James
James E. Scheuermann

K&L Gates

Mr. Scheuermann's practice is concentrated in litigation and counseling on insurance coverage matters. His...  |  Read More

Watson, Roberta
Roberta Casper Watson

The Wagner Law Group

Ms. Watson focuses on ERISA and employee benefits. She concentrates on a wide array of areas including, pension and...  |  Read More

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