WEBINAR NOTICE:  The Central Station series  
Why you should use our central station
see schedule below for presentations
First webinar:  October 23, 2014 - USA Central Station

    I received a number of calls regarding insurance coverage and carriers.  One was particularly interesting because it was from a relatively new start up operation and they asked about a carrier out west that I hadn't heard of.  The premium was cheap enough, only $875, and coverage for general liability was one million, per incident and aggregate.  Since I didn't recognize the carrier I asked for policy details and the Alarm Co sent over the declaration and binder.  
    Turns out the E&O coverage included in the policy was $25,000 per incident and aggregate, with a $2500 deductible.  I advised that this coverage was insufficient.  I was also not able to determine if this carrier would interpret a burglary loss as an occurrence, which by policy definition requires property or personal injury.  I recommended the Alarm Co contact SARRG; that's in the works.
    Do yourself a favor and check your coverage.  If you can't figure it out ask your broker.  If you can't trust or understand your broker, call me.      
    The insurance offered by ESX - formerly the National Burglar and Fire Alarm Assoc - is available only to its members.  You get to be a member only by direct application or by being a member of a state association chartered by ESX.  It's worth joining your state association just to get the insurance, and it may be worth applying directly for membership if you're not in a chartered state.  I've been after them to open up eligibility for the insurance but that hasn't happened yet.  You can reach SARRG at 1-866-315-3838.  
    If you aren't eligible for SARRG you should apply to Zurich.  You can get that insurance by contacting Peter or Brian Costanza at 800 346 0942.
    Feel like supporting a carrier that has [or at least had] an active subrogation department that sues alarm companies, try hartford.  Want to try a company I just don't like, first mercury.  Dump both of them in favor or SARRG, Zurich or if you don't mind a little impersonal, Scottsdale.  Wherever you go keep in mind that you may need to engage your own counsel to protect you against your own carrier - Better call Ken [unless you can reach Saul - and for those that don't get it - you need to go watch Breaking Bad].
    Alarm monitoring contracts, among other features, typically have Limitations of Liability language, Not an Insurer, Third Party Indemnification, etc. etc.
    If the monitoring agreement does not also have a Waiver of Subrogation clause, does that open the door to an insurer and nullify the other limitations of liability provisions?
R. Noresby
    If you don't have a waiver of subrogation provision in your contract you will still be able to rely on the other protective provisions if you're sued.  However, since many if not most lawsuits against alarm companies are brought by subscribers' insurance company suing under subrogation rights you will be giving up a valuable defense.  
    Subrogation permits the subscriber's insurer to stand in the shoes of the subscriber and sue whoever may be the wrongdoer.  The subscriber is the Subrogor and the insurer is the Subrogee.  The insurer - subrogor does not have any rights other than what the subscriber - subrogor had, which means that whatever contract defenses the alarm company could assert against the subscriber can be asserted against the insurer.  The benefit of the waiver of subrogation provision is that you never have to reach the merits or enforceability of the protective provisions because the subscriber's insurer is barred from asserting subrogation rights and pursuing a claim for reimbursement from the wrongdoer. 
    The waiver of subrogation provision has been around probably longer than the other protective provisions, literally hundreds of years of application first in England and then in our courts. The waiver provision is recognized and enforced in all courts.  
    Subscribers may object to the waiver of subrogation for a variety of reasons.  If you give up the provision in order to make the sale you will still be able to rely on the other contract provisions, but you do open yourself and your own carrier up to a suit by the subscriber's insurance carrier.  I once was involved in a case where an insurer paid a third party on a loss and then sued the alarm company in subrogation.  Oddly enough it didn't bother that insurer's representative that the same insurance company insured the alarm company, so the carrier sued for one party and defended for the other.  Hard to find idiots like this, but trust me they are around.  
    Chose all your vendors and those that support you carefully, and that includes suppliers, distributors, central station, payroll and HR services, insurance brokers and insurance companies, accountants and of course lawyers.


                                          WEBINAR ANNOUNCEMENTS
                                             The Central Station Series
                                         Why you should use our central station
                                            Sign up for each presentation

                                          WEBINAR ANNOUNCEMENTS

                                             The Central Station Series
                                         Why you should use our central station

Each Webinar will cover:
territory covered by cs 
types of alarms cs equipped to handle or specializes in 
description of cs facilities and equipment; redundancy of more than one location 
general policies on handling alarms 
what makes your cs stand apart from others 
pricing - why your cs charges what it does and special deals if any 
contracts the cs requires
                   Sign up for each presentation.  All Start at 12 noon EST to 1 PM
October 23, 2014 - USA Central Station  https://attendee.gotowebinar.com/register/1676699519071453697
October 28, 2014  - SentryNet 
October 29, 2014 – Rapid Response Monitoring https://attendee.gotowebinar.com/register/4898797453548148993
October 30, 2012 – COPS Monitoring https://attendee.gotowebinar.com/register/6318369219588363265

November 5, 2014 – Metrodial           https://attendee.gotowebinar.com/register/5743009078427617281
November 6, 2014 - United Central Control   https://attendee.gotowebinar.com/register/2612275062661797378

November 12, 2014 -   Statewide Monitoring https://attendee.gotowebinar.com/register/339270067719231489
November 13, 2014 - Centra-Larm Monitoring https://attendee.gotowebinar.com/register/3930780819384477185


                                                 Speaking Engagements

If you would like to schedule a free live video/webinar presentation for your association meeting or event contact Eileen Wagda at 516 747 6700 x 312.