KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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comment on insurance premium based on subcontractors / comment on Protect America's hit list and google
May 1, 2017
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Next Webinar: May 9, 2017.  
Title: All You Need to Know Before You Add DIY to Your Business
Presented by: Megan McDonald, VP of Marketing, Alarm Capital Alliance and MyAlarm Center
Register here:  https://attendee.gotowebinar.com/register/1457595459244475906
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comment on insurance premium based on subcontractors
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Ken, 
    In response to Steve’s question in your April 26th 2017 news-letter on E&O carrier over-charging after audit, alarm companies should know that they shouldn’t feel stuck with just one carrier’s premium calculation methods; there are many options available.  We work with a variety of E&O programs created for the alarm industry, and most of them have their own unique rating method: 

  • some use gross revenues only, 
  • others use gross payroll as the primary factor with subcontractor costs as a lesser secondary factor (around 1/10th the payroll rate) to cover any vicarious exposure  
  • Others use Gross Receipts combined with Monitoring costs  

    With insurance, it’s definitely not “one size fits all”, rather the point is to match an alarm company with the program that’s most competitive for *their particular operations* and with the particular coverages they need.  A dealer should never feel stuck without options unless they’re just talking to the wrong person.
Thanks,
Larry St John, CIC
Eclipse Marketing & Insurance Services
e: lstjohn@eclipseinsurance.com
707.469.6776 x102
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Response
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    I agree that there are lots of choices now when considering liability insurance with E&O coverage.  There is no reason not to shop the premiums and alarm companies would be wise to begin that process at least 6 months before the current policy is scheduled to expire.  If you wait and have no time you'll be stuck with the existing carrier no matter what the last minute increase or face a lapse of coverage, which you don't want.
    I received one phone call from an alarm owner who didn't understand the article, so just in case others didn't as well, the article was not discussing Workers Comp insurance.  The Workers Comp insurance is based on payroll.  When you use subcontractors, instead of your own employees, and the subs don't provide their own Workers Comp certificates, the subcontractor and its employees will be added to your Workers Comp policy if you're audited.  But the issue wasn't Workers Comp, it was general liability.  
    Keep in mind that the premium is not the most important issue when selecting a carrier.  You want one that is cooperative, responsive, and competent when there is a claim.  Just today I got a call from a defense attorney engaged on a First Mercury policy asking me to refer him to an alarm expert.  I did, but it was obvious to me that the attorney didn't have a clue how to handle the case.  But I'm sure his rates were acceptable to First Mercury.  Lucky for the alarm company defending the case the attorney told me that the claim was "just about" within policy limits.  I told him to tell First Mercury to offer the policy and get it over with.  Not great result but the legal fees will be kept low and I think that's that carrier's main concern.  And yes, there are a few companies just as bad [luckily there are a few companies that do know how to defend the alarm industry and do care about doing it]
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comment on Protect America's hit list and google from April 26, 2017
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Ken,
    In my mind google has crossed an ethical barrier.  I understand those who believe all is justifiable with
money on the line, I just don't happen to agree.  Deceitful and deceptive search engine results even if labeled paid for results are still deceptive, dishonest and deceitful.  If what was published about what google did with hiding search results on the Clinton's transgressions is actually true the people behind the curtain are just another bunch of very rich self-serving scumbags.  Regardless of your political beliefs, one day any of our chosen candidates could be on the wrong side of that fence.  Ever wonder what is really wrong with America?  Big money controls everything it was never supposed to control in the founding fathers view
    To be honest,  I have a personal vendetta against google as google bought the best shopping comparison engine on the web and shut it down so their paid search results are worth more money "thefind.com"
    That has most definitely cost retailers not paying google enough and myself money.  Google should be persecuted, prosecuted, boycotted and be hit with a class action lawsuit.  Wish I had time to invest and money to fund the takedown of google.
    Don't like MS much either but need to switch to Bing
Best regards,
Steve Sargent
Speaking for myself and not as a paid spokesperson of my employer
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Response
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    Feel better now?  Next time tell us what you really think.  
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WEBINARS:  Sign up for any or all of the webinars that interest you.
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FREE Webinar Series "All You Need To Know About" alarm industry issues. 
Register for one or all.  Each presentation scheduled for half hour to hour.  Not recorded.
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Title: All You Need to Know Before You Add DIY to Your Business
When: May 9, 2017 12 noon EST
What will be covered: This session will cover the basics of the DIY model, the critical factors of succeeding with a DIY business, the DIY customer and how the market has shifted over the last few years.
Who should attend: Alarm company owners, managers and those interested in DIY business model
Presented by: Megan McDonald, VP of Marketing, Alarm Capital Alliance and MyAlarm Center. 866-484-4800 x 8470   megan.macdonald@myalarmcenter.com 
Register here:  https://attendee.gotowebinar.com/register/1457595459244475906
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Title: All You Need to know about getting NICET certified
When: May 23,  2017 noon EST
Where: Your computer for power point, live video and call in on computer or phone
What will be covered:  Why you should get NICET certified and how to do it
Who should attend: Alarm company owners with technical skills, technicians
Presented by:  Bryan McLane, National Training Center, 4148 Mantle Ave., N Las Vegas, NV 89084. Direct phone 828-649-1337  Bryan@NationalTrainingCenter.net
Register here: https://attendee.gotowebinar.com/register/1545079201485816579
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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
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