As insurance advisors, we want to make you aware of an emerging legal trend that’s affecting businesses across the state of Florida: lawsuits alleging that business websites fail to comply with the Americans with Disabilities Act (ADA).
Over the past year, Florida businesses—particularly in North Florida—have been hit with a wave of federal lawsuits claiming their websites aren’t accessible to individuals with visual impairments. These lawsuits often cite technical issues like:
- Images lacking proper descriptive text for screen readers
- Improper tab navigation order
- Phone numbers listed as plain text rather than clickable links
- Links that open new tabs without announcing the transition
- Missing descriptive labels on form elements
What’s particularly concerning is that businesses are being sued without warning or the opportunity to fix their website. Many business owners discover they have a problem only once they’re served with a lawsuit.
Most business owners assume their General Liability or Business Owner’s Policy will cover these lawsuits. Unfortunately, standard commercial insurance policies do NOT typically provide coverage for ADA website compliance claims.
Some EPLI policies provide coverage for “Third Party” discrimination claims, which can include disability discrimination under the ADA. However, there are important limitations:
What EPLI May Cover:
- Legal defense costs (often the most significant expense)
- Settlement amounts or judgments for monetary damages
What EPLI Typically Does NOT Cover:
- Costs to actually fix your website accommodations and make it ADA compliant
- Injunctive relief expenses
- Punitive damages (which are generally uninsurable under Florida law)
Important Considerations:
- EPLI policies often have higher deductibles/retentions (commonly $15,000-$25,000)
- Defense costs may erode your policy limits rather than being provided in addition to limits
- Coverage is subject to policy terms, conditions, and exclusions
- Some claims may be settled for less than your deductible, meaning you’d pay out of pocket anyway
So what now? Some practical steps to protect your business are:
1. Make Your Website ADA Compliant NOW
2. Review Your Insurance Coverage
3. Document Your Compliance Efforts
4. Don’t Ignore the Issue
Not always will a plugin fix ADA compliance issues. There’s a chance your site will need to be rebuilt if ADA requirements weren’t considered from the start. One tool you can try is this scan: https://adascan.dev to get a better idea of where your site is currently.
If you have questions about your coverage or want to discuss your specific situation, please don’t hesitate to reach out. We’re committed to helping you protect your business and navigate these complex insurance issues.