Liability Insurance for ERISA Plan Sponsors: Minimizing Financial Risks During the Pandemic and Economic Downturn
Maximizing Coverage Under Employee Benefits and Fiduciary Liability Policies; Errors, Oversight, Negligence, Service Providers
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course will help ERISA counsel evaluate the adequacy of plan sponsors' liability coverage in light of liability exposures created by the pandemic, economic downturn, recent DOL and IRS regulations, and the 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 stemming from recent DOL and IRS regulations and under the ACA.
- Potential employee claims
- Recent DOL and IRS regulations and guidance
- Administrative errors
- Monitoring third-party service providers
- Investment practices
- Understanding and negotiating types of coverage
- EBL insurance
- Fiduciary liability insurance
- Best practices for procuring adequate coverage
- Best practices for plan sponsors facing a potential claim or assessment/enforcement action
- Review of cases interpreting EBL and fiduciary liability coverage and employment-related practices exclusions
The panel will review these and other key issues:
- What are the potential liability risks and claims resulting from the pandemic and economic downturn?
- What liability risks and claims exist under the ACA for plan sponsors?
- What coverages are available under EBL 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 currently interpret the "administration" of employee benefit plans?
Donald W. (Don) Kiel
Mr. Kiel’s practice focuses on complex commercial litigation, including commercial insurance coverage litigation... | Read More
Mr. Kiel’s practice focuses on complex commercial litigation, including commercial insurance coverage litigation and counseling, as well as environmental, toxic tort and tort litigation, and construction and contract litigation.Close
Stephen D. Rosenberg
The Wagner Law Group
Mr. Rosenberg is an experienced ERISA and business disputes lawyer with substantial expertise in ERISA litigation,... | Read More
Mr. Rosenberg is an experienced ERISA and business disputes lawyer with substantial expertise in ERISA litigation, ERISA governed benefit plans, fiduciary obligations, plan regulation, ESOPs, top-hat plans, and class actions. He has extensive trial experience in federal and state courts and is a frequent author and speaker on a variety of ERISA and employee benefits topics.Close
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
Ms. Watson focuses on ERISA and employee benefits. She concentrates on a wide array of areas including, pension and profit sharing plans, health and welfare benefit plans, including COBRA, HIPAA and the Affordable Care Act, ERISA fiduciary decision-making, Employee Stock Ownership Plans, benefits litigation backup, benefits aspects of mergers and acquisitions, employee benefits aspects of family law, labor laws affecting employee benefits, other employee benefits and deferred Compensation, and employee benefit disputes and employee benefits claims.Close