Adrien,

Great suggestion. I touch on potential coverage in the book. Here are three coverages that could possibly protect you:

Employment practices liability (EPL) coverage can sometimes include coverage for discrimination brought by customers. If your company’s EPL policy includes third party coverage, it could cover an ADA website claim defense.

Cyber coverage can also potentially cover you. Of course, you’ll have to look at your policy to see if ADA website compliance falls under the range of protection.

Another potential insurance outlet is through a media liability policy. Media liability policies cover claims that arise from media outlets such as websites.

As the web accessibility landscape is still sorting itself out, I’m not surprised that insurance companies aren’t touching it; they build policies around certainty and with no law on the books for private entities outlining what exactly constitutes web accessibility, they’re going to be highly reluctant to insure against web accessibility claims.

Practically speaking, the best insurance is to have your website remediated. If you do that, you’re HIGHLY-HIGHLY unlikely to receive a demand letter. If you do receive a demand letter, odds are they didn’t look at your website and will withdraw it after you inform them your website is accessible.

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