AJC Posted July 28, 2022 Posted July 28, 2022 Should a business owner keep fiduciary insurance policy (because of a QRP while business was active) for a few years after closing or selling their business? This could include ERISA bond coverage, employment practices liability, and a fiduciary and crime policy. Any related thoughts....
Peter Gulia Posted July 28, 2022 Posted July 28, 2022 About (only) the ERISA fiduciary liability insurance contract: The insured fiduciary might ask her insurance intermediary to check with the insurer about whether, and for how much premium, the insurer would be willing to issue extended-reporting-period coverage. Likewise, one might ask whether that coverage could run for up to six years so it aligns, even if imperfectly, with ERISA § 413(1)’s statute-of-repose period. acm_acm, CuseFan, RatherBeGolfing and 1 other 4 Peter Gulia PC Fiduciary Guidance Counsel Philadelphia, Pennsylvania 215-732-1552 Peter@FiduciaryGuidanceCounsel.com
Bill Presson Posted July 28, 2022 Posted July 28, 2022 Agree with Peter. This would be similar to medical malpractice tail coverage. RatherBeGolfing, CuseFan and Bri 3 William C. Presson, ERPA, QPA, QKA bill.presson@gmail.com C 205.994.4070
RatherBeGolfing Posted July 28, 2022 Posted July 28, 2022 Agree with Peter and Bill. I'll also add that tail coverage has been required by the purchasing entity in several M&As that I have been involved in. Bill Presson and CuseFan 2
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