KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Having the right insurance  / Automatic renewal statutes / booth meetings at ISC 
March 23, 2019
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Notice:  ISC West.  Private meeting times are booked.  Concierge Clients should call our  Concierge Program Coordinator Stacy Spector,Esq at 516 747 6700 x 304 to arrange a private meeting and consultation. 
Open Meet and greet schedule at ISC:
Wednesday 11:00 am – COPS booth ; 2:30 pm – Avant guard booth; 3:30 pm – All American Monitoring booth
Thursday 11:00 am – Rapid booth;  2:30 pm – J. Krug booth  
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Having the right insurance – comment on danger relying on subcontractor’s insurance from March 19, 2019
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Ken
            I second Larry’s response.  This is one of the reasons that the Security America insurance program was developed in the first place.  There are carriers out there that either lack the knowledge to address the exposures or are unwilling to address the exposures that come along with alarm contractors, including any sprinkler work – subcontracted or otherwise.  In addition to ensuring your insurance address the exposure, if you are looking for a sub to have coverage for a specific type of work they are doing for you – you need to get a confirmation that the work is not excluded under their policy.  Get this in writing from the carrier.   
Best Regards
Crystal Jacobs, RPLU
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Response
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            Nobody wants to think about insurance until it’s needed, and sometimes that’s too late.  Too many alarm company owners tell me they don’t know who their insurance carrier is or what coverage they have.  In case you haven’t noticed, we live in a litigious world [thank goodness] and cost of defense is outrageous [thank goodness] and potential for damages enormous [that’s what the Kirschenbaum TM Standard Form Agreements are for].  
            It’s safe to say that just about all of you carrier insurance and pay the premiums.  It makes sense that you have the right coverage for your needs, especially since the right coverage may very well cost less than the wrong coverage that won’t be there when you need it.  It’s pretty simple.  Check The Alarm Exchange and find a carrier [Security America RPG] or insurance broker knowledgeable about the alarm industry.
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Automatic renewal statutes
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Ken
            We have performed due diligence engagements in which there was a question about auto renewal terms.  Can your firm to give me a list of states that have restrictions on auto-renewals so that when we encounter a monitoring agreement that is not in compliance we can bring it to our client’s attention?
Mitch Reitman
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Response
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            There are probably a few places this information is available.  One “free” place is on the K&K website under Alarm Law Issues.  http://www.kirschenbaumesq.com/page/alarm-law-issues
            When on that page select “Automatic Renewal State by State”.  We do update the list regularly.  If anyone knows of a needed update please advise and we will promptly update the information.
            Compliance with the automatic renewal laws is essential for many reasons.  One reason hits right to the heart of operating your business; potential buyers of your alarm contracts may insist on compliance with automatic renewal laws and when you can’t show compliance you either lose the potential buyer or the price [multiple] plummets.  Of course there are other reasons for compliance, including enforcing the contracts and potential deceptive business practice claims.  It falls under the category of “just do it because you have to”.  
            Alarm companies, like most other business, don’t give much thought to all the compliance issues that affect a business.  It’s a good reason to consider joining the Concierge Program.  You’ll have “house counsel” available without putting a lawyer on your staff.  Even if you can, it won’t be for a few bucks a month and it won’t be me and the experienced legal staff at K&K.  
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CONCIERGE LAWYER SERVICE FOR THE ALARM INDUSTRY PROGRAM
You can check out the program and sign up here: https://www.kirschenbaumesq.com/page/concierge or contact our Program Coordinator Stacy Spector, Esq at 516 747 6700 x 304.

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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
www.KirschenbaumEsq.com