KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE

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can you name subscriber as certificate holder / Webinar Today / Holiday party notice
September 27, 2018
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Free Webinar Today:  September 27, 2018. 12 to 1 PM EST.    Round table discussion on preparing your company for sale [we may get to buying considerations too].  Business brokers and consultants will join the discussion.  Mitch Reitman, Robert Shoremount, Barry Epstein and Rory Russell are our Round Table Experts.  Join us by reserving your spot:  Click here to register:  https://attendee.gotowebinar.com/register/597273801145255682
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Save the date:  This years K&K annual party will be on December 14, 2018 from 6:30 to 9:30 PM at Pine Hollow Country Club, East Norwich, NY.  We are going to need a head count this year and restrict the invitation to you and guest.  invite with RSVP will be sent out soon.  Hope to see you. 
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can you name subscriber as certificate holder
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Ken, 
    I have a client that is requesting our company name him as a certificate holder on our company's insurance policy.  We do have an 
All in One (Kirschenbaum) Fire Alarm agreement on file for this client. 
    Does naming them as a certificate holder violate any provisions of the All in One Fire Alarm agreement
    Should we be asking them for insurance at least to show that there is insurance on the property?  
    Does this give them any special rights over us if there is a claim?   I provided them a certificate of insurance,  but, they want our agent to name them on it.   Also, recently had a equipment supplier ask that they be named on our insurance as well where no contract exists just to buy fire protection equipment.  
 Name Withheld
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Response
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    Here is what you need to know.  Your insurance company will issue you a Certificate of Insurance [a Declaration age] that shows you had insurance in place on the date of the Certificate with policy dates.  Your subscriber wants to be assured that in the event the insurance is canceled for any reason the subscriber will be notified by the insurance company.  To get this notice the subscriber has asked to be added as a Certificate Holder.  Along with being named a Certificate Holder the certificate will also specify the notice that the Certificate Holder will get prior to cancellation of the policy, typically 30 days, though it can be 10 to 60 day notice as well.  
    When a third party [not the insured party] is named as a Certificate Holder the certificate will say that the certificate confers no insurance or other benefits on the Certificate Holder, only notice of cancellation.
    The same certificate is used to add an "additional insured".  In that case the certificate will state "Certificate Holders are also additional insured" or something to that effect.  Now the Certificate Holder is also a named additional insured and has insurance coverage under the policy.
    Warning:  Sometimes insurance brokers issue the certificate and they may not have the authority from the insurance company to add additional insured.  
    If you are indemnifying your subscriber it would be wise to add the subscriber as an additional insured and make sure your policy covers you for claims for contractual indemnity.
    Now let's answer the above question.  The All in One requires the subscriber to indemnify the alarm company and add the alarm company to the subscriber's insurance policy as an additional insured.  That's a lot more than simply naming the subscriber as a Certificate Holder.  The subscriber has requested that it be named as Certificate Holder on the alarm company's insurance policy and that is not inconsistent with the All in One terms because all it does is confirm to the subscriber that the alarm company has insurance and the subscriber will be notified if the insurance is canceled.      If it turns out that the subscriber wants to be added as an additional insured on the alarm company insurance policy the answer is "no".  That is inconsistent with the terms of the alarm contract, its intent and purpose.  
    Any of the insurance brokers listed on 
The Alarm Exchange should be able to explain all of the above.
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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
516 747 6700
www.KirschenbaumEsq.com