KEN KIRSCHENBAUM, ESQ ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE You can read all of our articles on our website. Having trouble getting our emails? Change your spam controls and whitelist ken@kirschenbaumesq.com ****************************** 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 ********************** Ken 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 847.818.7524 ********************** Response ********************** 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. ********************** STANDARD FORMS Alarm / Security / Fire and related Agreements click here: www.alarmcontracts.com *************************** CONCIERGE LAWYER SERVICE PROGRAM FOR THE ALARM INDUSTRY - You can check out the program and sign up here: https://www.kirschenbaumesq.com/page/concierge or contact our Program Coordinator Stacy Spector, Esq at 516 747 6700 x 304. *********************** ALARM ARTICLES: You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles updated daily ******************** THE ALARM EXCHANGE - the alarm industries leading classified and business exchange - updated daily ************************* Wondering how much your alarm company is worth? Click here: https://www.kirschenbaumesq.com/page/what-is-my-alarm-company-worth ****************************** Getting on our Email List / Email Articles archived: Many of you are forwarding these emails to friends or asking that others be added to the list. Sign up for our daily newsletter here: Sign Up. You can read articles and order alarm contracts on our web site www.alarmcontracts.com ************************** Ken Kirschenbaum,Esq Kirschenbaum & Kirschenbaum PC Attorneys at Law 200 Garden City Plaza Garden City, NY 11530 516 747 6700 x 301 ken@kirschenbaumesq.com www.KirschenbaumEsq.com
