KEN KIRSCHENBAUM, ESQ ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE You can read all of our articles on our website. Having trouble getting our emails? Change your spam controls and white list ken@kirschenbaumesq.com ******************************* more on admitted v non-admitted carrier / consent to electronic contract July 1, 2019 ************************ Notice:Alarm accounts for sale. Indiana. approx $4500 monitoring RMR. 50/50 resi/com. Serious all cash buyers only. Contact our Attorney Jennifer Kirschenbaum,Esq at Jennifer@Kirschenbaumesq.com or 516 747 6700 x 302 ************************* more on admitted v non-admitted carrier from June 27, 2019 article ************************* Ken, I appreciate and understand Jeff’s perspective, but I want to address the points and how they relate to Security America. Both Jeff & Larry access our program (greatly appreciated) so if an insured wants an unbiased perspective, they are great resources. Nonrenewal requirements This varies by state. In some states, non-admitted carriers must follow the same rules as admitted carriers. At Security America, we send out what we call a “Conditional Non-Renewal”. What this states is that we cannot guarantee the terms will be the same as last year or that we will be able to offer terms. These notices are sent 90 – 120 days out. That said, if we are truly non-renewing an account, we stick with the individual state requirements for admitted companies in order to ensure we are not being unfair to insureds. If for some reason, we come up against that (ie: a claim comes in last minute that prevents us from writing an account or the submission comes in last minute and we determine we cannot write the risk anymore), we generally will offer an extension along with the non-renewal to allow the insured time to find a replacement market. In addition, we will refer them to agents like Larry & Jeff. Premium Increases Again, this varies by state. The IL rule actually applies to Non-admitted carriers as well. On the Security America Program, we have not had rate increases for 14 years and (knock on wood) we don’t anticipate any. Premiums can always change based on increased revenues/exposures on the individual insured level and rules (like IL) do not apply in that instance. Coverage Changes Varies by state. At Security America, we do not make policy changes without informing our insureds (as we have proven in the past). We provide a detailed outline of coverage changes. Best Regards, Crystal Jacobs, RPLU, Vice President/Program Manager usrisk@securityamericarrg.com (866) 315-3838 ********************** consent to electronic contract ********************** Ken, We are thinking about DocuSign for sending the contracts out electronically. Do you have any thoughts about them? Even though they have a disclaimer and consent to sign electronically when they send out the document to the customer, do we still have to get an additional consent signed? We wouldn’t be able to print out their consent. Is that why we need our own secondary consent? Christine ************************ Response ************************ I quickly reviewed the docusign form and it does provide consent for delivery of papers. Our Disclosure and Consent for Electronic Communication is designed for the alarm industry. I still suggest you use it. Consumer transactions require that the customer get a fully executed copy of the contract and a 3 day notice of cancellation [not for Internet sales]. You can't comply with this requirement electronically unless the customer consents to delivery electronically. That's why it's important to use the Disclosure and Consent form. If docusign won't let you print after customer approves then that's another reason to use our Disclosure and Consent form. ********************** To order up to date Standard Form Alarm / Security / Fire and related forms, click here:www.alarmcontracts.com ************************* 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. *********************** NOTICE: You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles *********************** THE ALARM EXCHANGE
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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
