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|DOL Weighs In on Limitation of Liability and Indemnification Clauses|
Deloitte & Touche Human Capital Advisory Services
Oct. 16, 2002
Excerpt: ERISA plan fiduciaries may cause their plans to enter into contracts with actuarial firms and other service providers that include 'limitation of liability' and 'indemnification' provisions without necessarily violating ERISA's fiduciary standards, according to a recent [DOL] advisory opinion.... However, the advisory opinion cautions fiduciaries that it would be imprudent to agree to these provisions if they apply to fraud or willful misconduct by the service provider ...
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