CLAIRE-IFICATION

IA&B Vice President - Advocacy Claire Pantaloni, CIC, CISR provided this article. Are you a member with a question? Contact Claire to find the answer at 800-998-9644, ext. 604 or ClaireP@IABforME.com.

QUESTION:

Here are a couple of different things that What should I look out for when redesigning my website?

ANSWER:

Here are a couple of different things that should get your attention.

E&O EXPOSURE

Before an E&O suit is brought against your agency, you can expect the plaintiff’s attorney to visit your website and pull any language that could support a claim against you. Any language that shifts from your normal duty of an “order taker” to that of an “expert,” or someone offering “tailored solutions” and scouring the market for the “best coverage available,” will be fodder to support that you had a heightened duty of care to your customer.

Website design aims to showcase your agency and show it in the best possible light. Temper your web content providers’ zeal by warning them of these issues, and ultimately, make sure you vet the language used to strike the right balance between promoting your agency and extending your liability.

Make sure that any page that collects personally identifiable information (such as a quote-request page) is secured.

Consider including disclaimers as needed. For example, if your website is interactive, a disclaimer should be added to notify that coverage requests or claim submissions are not considered reported until the agency has acknowledged receipt and provided confirmation. You may also want to list the area you serve and the states where you do business. If you have a promotion, such as a referral program, remember that permissibility can vary by state: you could indicate where it is applicable, or clarify that it is only applicable where permitted by law to avoid any ambiguity.

WEBSITE ADA COMPLIANCE

In the spring of 2021, several Pennsylvania attorneys targeted insurance agencies by mass-mailing prelitigation demand letters regarding the agency’s alleged lack of compliance with the American with Disabilities Act (ADA). While the letters suggested they were merely asking the agencies to fix their websites, they were followed by an expectation of settlement payment to the tune of $5,000 to $8,000.

About complying with the ADA – While website ADA compliance has been around for some time, the regulatory framework has not been clearly defined by the Department of Justice. Absent some clear federal guidelines, the industry designed its own Web Content Accessibility Guidelines, version 2.1 (or WCAG 2.1), which as of the time of this writing, are the generally accepted standards.

About applicability of the ADA – It is not settled whether a website should be subject to ADA Accessibility Rules. As courts around the country are in the process of making that determination, several have ruled that websites were not subject to the ADA, which is a favorable decision to website owners. However, until this issue is settled with more certainty in all jurisdictions, designing your website with features that allow individuals with vision impairment or other disability to access it would help prevent having to fight this fight at all.

The lawsuits threatened by these pre-litigation demand letters will generate costs for the agency. You will need an attorney, preferably with existing knowledge of the issue and how to combat the claims effectively. These expenses will quickly eclipse the cost of adding WCAG 2.1 features to your website (several plugin products are available with a price range of approximately $500 a year).

Bottom line, when talking to your provider, verify that your website is designed with integrated ADA compliance or incorporates an accessibility plugin meeting WCAG 2.1 standards. For more information, visit IABforME.com.

This document is not a legal opinion and should not be relied upon as such. The intent of this document is to provide a general background regarding the topic or topics discussed, not to provide legal advice. Producers and agencies should consult an attorney regarding specific situations and specific questions with respect to the topic or topics covered in this document. Neither the Insurance Agents & Brokers nor any of its employees shall be responsible for any errors or omissions regarding any statements made in this document, nor any errors or omissions regarding any statutes, regulations, court rules, and/or any other government documents cited in this document.