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AS SET FORTH IN ITEM 3(b) OF THE DECLARATIONS, THE POLICY PROVIDES THAT THE LIMIT OF LIABILITY AVAILABLE TO PAY JUDGMENTS OR SETTLEMENTS SHALL BE REDUCED BY AMOUNTS INCURRED FOR LEGAL DEFENSE. FURTHER NOTE THAT AMOUNTS INCURRED FOR LEGAL DEFENSE SHALL BE APPLIED AGAINST THE RETENTION AMOUNT. IF A POLICY IS ISSUED, IT WILL BE ON A CLAIMS-MADE BASIS. 1. Applicant: a) Sponsor Organization1: b) Address: c) Nature of business (include primary SIC code): d) Total revenues of the Sponsor Organization:.
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RI FAQ
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The most common fiduciary relationships involve legal or financial professionals who agree to act on behalf of their clients. For example, a lawyer and a client have a fiduciary relationship. So do a trustee and a beneficiary, a corporate board and its shareholders, and an agent acting for a principal.
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Anyone who is cited in a benefit plan document, as well as anyone who is considered to have decision-making power over the management of the plan and its assets, can be regarded as a fiduciary. Typical fiduciaries are employers, the company's directors, and officers, and plan administrators and trustees.
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The primary responsibility of fiduciaries is to run the plan solely in the interest of participants and beneficiaries and for the exclusive purpose of providing benefits and paying plan expenses. Fiduciaries must act prudently and must diversify the plan's investments in order to minimize the risk of large losses.
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Fiduciary liability insurance provides coverage for risk or loss resulting from negligence, mismanagement, or errors. Intentional acts like fraud or theft causing loss to a benefits plan or its assets are not covered; that is the domain of a specific crime coverage policy.
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Specifically, fiduciary duties may include the duties of care, confidentiality, loyalty, obedience, and accounting. 5. Association Leaders must avoid, disclose, and resolve any conflicts of interest prior to voting or otherwise participating in any deliberations concerning an association matter.
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A fiduciary is someone who manages money or property for someone else. When you're named a fiduciary and accept the role, you must – by law – manage the person's money and property for their benefit, not yours.
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Fiduciary liability insurance is designed to protect the business from claims of mismanagement and the legal liability arising out of their role as fiduciaries. A fiduciary liability policy covers associated legal costs to defend against claims of errors and a breach of fiduciary duty.
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Any fiduciary (other than a trustee acting under the Bankruptcy Code) who pays any debt due by the decedent or the estate, in whole or in part, before federal tax obligations are satisfied becomes personally liable for the tax of the estate to the extent of such payments ( Reg. §1.641(b)-2; 31 U.S.C. §3713).
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