Richard Clarke: ERISA Bond and Fiduciary Liability Insurance

Richard Clarke is the chief insurance officer at Colonial Surety. With more than three decades of experience, he leads insurance strategy and operations for the expansion of Colonial Surety’s SMB-focused product suite, building out the online platform into a one-stop shop for America’s SMBs.In this episode, Eric and Richard “Dick”  Clarke discuss:Understanding ERISA safeguardsDistinguishing required and optional coverageReviewing and strengthening insurance layersCollaborating and acting proactivelyKey Takeaways:ERISA governs all employee benefit plans and requires fidelity bonds for protection. Coverage must equal ten percent of plan assets with specific federal limits in place. Knowing these basics sets the foundation for every other insurance decision.With the baseline set, organizations must separate required bonds from optional insurance. Fiduciary liability coverage protects decision makers from personal responsibility. Understanding both layers prevents blind spots in compliance and leadership risk.Once the insurance types are clear, each policy must be examined for sufficiency. Adequate limits, full inclusion of parties, and clear cyber provisions are essential. This careful review ensures protection keeps pace with evolving responsibilities.These evaluations work best when risk teams, counsel, and providers move together. Shared tools and coordinated reviews uncover gaps that one group might miss. Since no single formula applies, proactive teamwork becomes the safest path forward.“The specific answer to the question on the fidelity is that it is absolutely required. You have to have it. The brutal truth is, if you don’t have it as an employer, you are in technical violation of federal law, because ERISA is a federal law.” - Richard ClarkeConnect with Richard Clarke:Website: https://www.colonialsurety.com/ LinkedIn: https://www.linkedin.com/in/dick-clarke-cpcu-cic-rplu-605b13a/ Connect with Eric Dyson: Website: https://90northllc.com/Phone: 940-248-4800Email: [email protected] LinkedIn: https://www.linkedin.com/in/401kguy/ The information and content of this podcast are general in nature and are provided solely for educational and informational purposes. It is believed to be accurate and reliable as of the posting date, but may be subject to changeIt is not intended to provide a specific recommendation for any type of product or service discussed in this presentation or to provide any warranties, investment advice, financial advice, tax, plan design, or legal advice (unless otherwise specifically indicated). Please consult your own independent advisor as to any investment, tax, or legal statements made.The specific facts and circumstances of all qualified plans can vary, and the information contained in this podcast may or may not apply to your individual circumstances or to your plan or client plan-specific circumstances.