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Comments on ADA Website compliance - legal shake down

January 20, 2024
Comments on ADA Website compliance - legal shake down from article on January 5, 2024
    Lawsuits from ADA website compliance is becoming increasingly common, and we are often being asked about how insurance can respond for this situation. To your point, Cyber insurance is very complex and many carriers have different policy terms/language. The best place to find coverage for a lawsuit from ADA website compliance would be Employment Practices Liability Insurance (EPLI), granted your policy offers Third-Party Coverage.
    I like to call EPLI coverage for HR related claims or “wrongful acts” – harassment, discrimination, wrongful termination or hiring practices. The basis of this lawsuit is discrimination against those who are disabled individuals that cannot “access” your website. Discrimination is often an exclusion in General Liability, Professional Liability, and Cyber Insurance. Most EPLI claims would be First-Party Liability – current, prospective or former employees who allege “wrongful acts”.   However, stand-alone EPLI policies offer Third-Party Liability – discrimination and harassment lawsuits from customers, clients, vendors and suppliers. Having the Third-Party EPLI coverage would offer liability coverage for a lawsuit from ADA website compliance, but not the costs to enhance your website to meet the compliance requirements.
    J. Krug recommends EPLI coverage to all of our alarm/security clients as they have both First-Party and Third-Party exposures. I’ve attached a quick one-pager describing the coverage in more detail. Give us a call if you have any further questions or alarm/security insurance needs!
    Thanks for sharing Ken,
Wyatt Quigley
Commercial Risk Advisor
J. Krug
Insurance | Employee Benefits | Financial Services
Itasca, IL
    This is definitely something no one likes to think about and could get costly if you’re at the end of a lawsuit, which is almost always started as a class action.  While those lawsuits can often be settled quickly the damages continue to grow as the lawsuit progresses because one of the largest aspects of the damage are the legal fees.  
    Consult with Wyatt at J, Krug [listed on The Alarm Exchange in the Insurance Category] or your broker who is familiar with this coverage.  You might have it already; if not, consider it.  While you’re thinking about it, contact your website person and get compliant, which is definitely the least expensive alternative.

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Ken Kirschenbaum,Esq
Kirschenbaum & Kirschenbaum PC
Attorneys at Law
200 Garden City Plaza
Garden City, NY 11530
516 747 6700 x 301