In today’s digital-first world, businesses face an increasing number of lawsuits alleging their websites, SaaS platforms, or mobile apps discriminate against people with disabilities. These lawsuits often cite the Americans with Disabilities Act (ADA), California’s Unruh Act, and New York State’s anti-discrimination laws, claiming non-compliance with the Web Content Accessibility Guidelines (WCAG).
With over 4,000 web accessibility lawsuits filed in 2024, digital accessibility compliance continues to be a significant legal and financial risk for businesses.
I wrote about this in 2021 and and I’m sorry to report that most insurance policies still fail to provide explicit coverage for digital accessibility lawsuits. Yet many assume they’re protected under standard policies—Cyber, General Liability, or Technology Errors & Omissions (E&O) insurance—but these typically exclude or severely limit coverage for digital accessibility-related claims.
That said, are two providers that do offer coverage, and likely others do also, but have not explicitly cited this coverage on their websites.
Why Businesses Need Digital Accessibility Insurance Coverage
Web accessibility lawsuits continue to build each year, driven by legal interpretations reinforced by the DOJ and most courts that websites and mobile applications are considered public accommodations under the ADA at the federal level. In the past two years, as the federal courts become more savvy in discouraging copy and paste serial lawsuits, some trolling law firms are shifting to state courts such as California and New York where state laws like the Unruh Act and the New York Human Rights Law impose additional penalties on businesses that fail to ensure digital accessibility.
- Some key reasons why businesses should be concerned:
- 96.8% of websites fail WCAG compliance tests
- E-commerce #1 target
- Small businesses targeted as larger brands have already been hit.
- Settlements typically range from $5,000 to $20,000, excluding remediation costs
- If sued, likelihood of additional lawsuits grows. In 2024 41% had already been sued.
Given these risks, businesses naturally turn to insurance for protection—but most standard policies fail to cover digital accessibility claims.
Why Standard Insurance Policies Fall Short
Cyber Liability Insurance
Many businesses believe cyber insurance will protect them against ADA lawsuits, but most cyber policies do not cover accessibility claims. Cyber insurance is primarily designed to address data breaches, hacking incidents, and privacy violations. While some cyber policies offer limited ADA non-compliance coverage, it is not a standard feature and is often sublimited or requires a special endorsement.
General Liability Insurance (CGL)
Commercial General Liability (CGL) policies typically exclude claims based on intangible harms—such as discrimination claims under the ADA. These policies are focused on bodily injury and property damage, making them ineffective in defending against digital accessibility lawsuits.
Technology Errors & Omissions (E&O) Insurance
Tech companies and SaaS providers often purchase E&O insurance, but these policies mainly cover errors in coding or failures to deliver promised functionality. ADA lawsuits are not about software defects—they are civil rights violations, which are typically excluded from E&O coverage.
Media and Website Liability Insurance
Some businesses assume that media liability insurance covers ADA lawsuits. However, these policies are designed to protect against defamation, copyright infringement, and IP violations, not accessibility non-compliance.
EPLI: The Insurance That (Sometimes) Covers Digital Accessibility Lawsuits
- The best insurance option for digital accessibility lawsuits is Employment Practices Liability Insurance (EPLI)—but with a crucial caveat:
- Only EPLI policies with third-party coverage include digital accessibility claims.
- Many EPLI policies exclude non-employment-related claims unless specifically endorsed.
- Coverage varies widely between providers, requiring careful policy review.
ProWriters: An EPLI Provider That Addresses Accessibility Claims
One provider that has publicly discussed digital accessibility coverage is ProWriters. While ProWriters offers EPLI as part of their Directors and Officers packages with potential coverage for ADA lawsuits, they emphasize that not all EPLI policies automatically cover digital accessibility. For an EPLI policy to protect against web accessibility lawsuits, businesses must ensure their policy includes:
- Third-Party Wrongful Acts Coverage (protecting against claims from non-employees like website visitors)
- Explicit coverage for disability discrimination claims
- Legal defense costs and settlement coverage
What’s Covered vs. What’s Not?
What’s Covered?
✔ Legal defense costs – Attorney fees and court costs for defending against an ADA, Unruh Act, or NY Human Rights Law lawsuit.
✔ Settlement or judgment costs – The amount paid to the plaintiff if the case is settled or lost in court.
✔ Plaintiff’s legal fees – Many accessibility lawsuits require the defendant to pay the plaintiff’s attorney fees, which are usually covered.
What’s Not Covered?
❌ Website or app remediation – The cost to make the website, SaaS, or mobile app accessible (e.g., redesigning a site, implementing WCAG fixes).
❌ Injunctive relief compliance – If a court orders your business to make accessibility modifications, the insurance won’t cover implementation costs.
❌ Regulatory fines or penalties – Civil penalties imposed by the DOJ or state agencies are usually excluded.
Vouch: The Only Provider Offering Explicit Digital Accessibility Coverage
Unlike traditional insurers relying on EPLI, in January 2024 Vouch introduced digital accessibility coverage as a standard option in its General Liability policies as an add-on. They claim to be the first in the industry to do so. Their coverage is specifically designed to protect companies from ADA-related lawsuits stemming from website and mobile app accessibility failures.
This makes Vouch the only known insurance provider explicitly stating coverage for digital accessibility lawsuits rather than relying on ambiguous EPLI endorsements or sublimits in cyber policies. For businesses looking for clear, dedicated coverage, Vouch presents a strong alternative.
Even if you have coverage, you will still need to pay for remediation of the website and will need to show annual audit reports. So, perhaps the best way to eliminate such costs and headaches is to eliminate the risk at its roots.
Preventing Risk: Best Practices for Digital Accessibility Compliance
The most effective way to avoid legal and financial exposure is proactive compliance with accessibility standards. Investing in accessibility now can save businesses from costly lawsuits and improve the experience for all users.
The good news here is that US federal and state laws, in addition to most laws internationally, all rely on one standard: the Web Content Accessibility Guidelines. The WCAG is currently in version 2.2 with 3.0 not expected for years (my team lead is on the working group so he should know).
By reaching WCAG 2.2 AA compliance, you effectively make this a moot discussion.
Step One: Conduct a WCAG Audit
- Perform a comprehensive third-party audit that includes human testing.
- Avoid relying on automated tools—they only catch 30% of WCAG issues.
- Ensure all unique pages receive manual testing.
- Seek clear and actionable remediation guidance from your audit provider.
- Do not use overlay solutions—they are ineffective and increase legal risk, despite claims.
Step Two: Remediate Accessibility Issues
- Address all WCAG 2.1(min but aim for 2.2) A & AA compliance gaps found in the audit.
- Train your web team to integrate accessibility into future updates.
- Establish a long-term governance plan to maintain compliance.
Step Three: Verify
- Have the site re-audited. Any web accessibility consulting company should include the verification audit (as we do), but not all do.
- Publish a thoughtful “Web Accessibility Statement” to your website.
The Benefits of Web Accessibility Compliance: Balancing Cost vs Risk vs Opportunity
The investment in accessibility compliance should be weighed against not only the risk of lawsuits, but the opportunities that open with accessibility and WCAG compliance.
- Expanded Market Reach – Accessible websites can be used by a broader audience, including the 61 million adults in the U.S. with disabilities, the 54 million Americans over the age of 65, and individuals experiencing temporary impairments due to injury or situational limitations. Collectively, this represents a market with over $490 billion in disposable income, offering significant economic opportunities for businesses that prioritize accessibility.
- Improved SEO AND AIO – Artificial Intelligence Optimization – Both search engines and AI bots love WCAG compliant websites.
- Enhanced User Experience – Accessibility is the pinnacle of Usability. And greater usability increases engagement and conversions.
- Stronger Brand Reputation – Demonstrating a commitment to inclusivity builds trust and goodwill among customers and stakeholders. Yes. DEI does matter to many.
- Increased Conversion Rates – A more user-friendly website leads to better engagement, reduced bounce rates, and higher conversion rates.
- Future-Proofing – As accessibility regulations evolve, proactive compliance ensures a business stays ahead of legal requirements and industry trends.
WrapUp: Insurance Helps, But Compliance is Key
While insurance can provide financial protection, compliance is the ultimate safeguard. Investing in accessibility audits, remediation, and continuous oversight not only minimizes legal risk but enhances usability for all customers. In a rapidly evolving legal environment, proactive compliance is the smartest strategy for digital businesses.
Additional Reading
ProWriters: Web Accessibility Lawsuits Soar: ADA Insurance Protects Your Clients
Vouch: General Liability Insurance coverage