Losses due to Noncompliance with ADA Requirements Excluded from Coverage under BP 04 46

The policy I am looking at is a BP 04 46 01 96 and contains language that the policy will not pay for any ordinance or law that the insured was required to comply with prior to the date of the loss.

The question is whether the American with Disabilities Act (ADA) compliance within this coverage is excluded because that act was signed into law in 1990?

Kentucky Subscriber

Since the ADA would have been in effect before any loss (with the policy edition of 1996, the 1990 ADA would have to have already been in effect at the time of a loss), and if the insured property required ADA compliance with which the insured did not comply, then yes, losses due to noncompliance with the ADA would be excluded.

 

 

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