---
kind: "section"
citation: "29 U.S.C. § 1110"
title: "29"
title_heading: "Labor"
number: "1110"
heading: "Exculpatory provisions; insurance"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/29/1110"
units:
  - "Chapter 18 — Employee Retirement Income Security Program"
  - "Subchapter I — Protection of Employee Benefit Rights"
  - "Subtitle B — Regulatory Provisions"
  - "Part 4 — fiduciary responsibility"
---

# §1110. Exculpatory provisions; insurance

- (a) Except as provided in sections [1105(b)(1)](/usc/29/1105.md?p=b-1) and [1105(d)](/usc/29/1105.md?p=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.
- (b) Nothing in this subpart[^1] shall preclude—
  - (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](/usc/29/1083.md?p=c-7-D-vi) organization from purchasing insurance to cover potential liability of one or more [persons](/usc/29/1301.md?p=a-20) who serve in a fiduciary capacity with regard to an [employee](/usc/29/1083.md?p=c-7-D-vi) benefit plan.

## Footnotes

[^1]: So in original. This part does not contain subparts.

## Source credit

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