29 USC § 1110 - Exculpatory provisions; insurance

---
identifier: "/us/usc/t29/s1110"
source: "usc"
legal_status: "official_prima_facie"
title: "29 USC § 1110 - Exculpatory provisions; insurance"
title_number: 29
title_name: "LABOR"
section_number: "1110"
section_name: "Exculpatory provisions; insurance"
chapter_number: 18
chapter_name: "EMPLOYEE RETIREMENT INCOME SECURITY PROGRAM"
subchapter_number: "I"
subchapter_name: "PROTECTION OF EMPLOYEE BENEFIT RIGHTS"
part_number: "4"
part_name: "fiduciary responsibility"
positive_law: false
currency: "119-73"
last_updated: "2026-03-26"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 93–406, title I, § 410, Sept. 2, 1974, 88 Stat. 886.)"
---


# § 1110. Exculpatory provisions; insurance

**(a)** Except as provided in sections 1105(b)(1) and 1105(d) of this title, any provision in an agreement or instrument which purports to relieve a fiduciary from responsibility or liability for any responsibility, obligation, or duty under this part shall be void as against public policy.

**1** Nothing in this subpart [^1] shall preclude—

So in original. This part does not contain subparts.

**(1)** a plan from purchasing insurance for its fiduciaries or for itself to cover liability or losses occurring by reason of the act or omission of a fiduciary, if such insurance permits recourse by the insurer against the fiduciary in the case of a breach of a fiduciary obligation by such fiduciary;

**(2)** a fiduciary from purchasing insurance to cover liability under this part from and for his own account; or

**(3)** an employer or an employee organization from purchasing insurance to cover potential liability of one or more persons who serve in a fiduciary capacity with regard to an employee benefit plan.

---

**Source Credit**: (Pub. L. 93–406, title I, § 410, Sept. 2, 1974, 88 Stat. 886.)