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Adding customer as additional insured
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August 14, 2020
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Adding customer as additional insured
            We need to revisit this issue and I invite the insurance experts who participate in this forum to comment.  My position, often repeated, is that alarm companies do not indemnify their customers and do not provide additional insured coverage for their customers; period.  I am beginning to feel like a battered bean bag.  
            Form agreements presented by your customer are becoming more and more prevalent.  It’s no longer just the government and large institutions and businesses, but everyday operations, particularly the real estate management companies.  You are presented with one of these form agreements that are obviously generic for all construction trades.  One of the requirements found in these forms is the requirement that you carry certain insurance and name the customer and its agents as additional insured on your policies, including your E&O policy.
            While this may be routine in the construction industry, as I have pointed out in previous articles, the alarm – security – fire industries change the dynamics when it comes to indemnity and allocation of risk.  It’s topsy-turvey; the allocation of risk is reversed so that it’s the customer who provides the indemnity and it’s the customer’s insurer that provides the insurance protection.  
            How does naming the customer and its agents as additional insureds affect the allocation of risk and the contract provisions found in the All in One Agreements?  
            Does additional insured mean that the policy that you provide is now the primary – the first – layer of coverage the customer looks to if the customer suffers a casualty loss or loss by burglary or whatever is supposed to be detected by the alarm system?
            Does additional insured mean that coverage – and reimbursement – kicks in only if you are found to be responsible for the loss and then is the reimbursement proportionate to your responsibility?
            How should the contract be written for additional insured language to ensure that the insurance is only available if you are negligent in some way contributing to the loss, and failure of alarm services alone should not constitute negligence per se.
            The insurance brokers listed on The Alarm Exchange understand this issue and they are best to provide an answer.  We look forward to hearing from them.

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            And, speaking of dealers, selecting the right central station is important; there’s lots to consider.  K&K is saving you the trip to Vegas and bouncing from one booth to another, stuffing your pockets with candy and pens [not that there is anything wrong with that].  You have and you will be hearing from the best of the best in this webinar series.  
            Keep in mind that any legitimate central station is going to require you to sign a Dealer Agreement.  This isn’t a car rental contract at the airport.  It can be modified and you need to ask for those modifications.  I’ve designed a Rider that applies to every central station Dealer Agreement because it includes all the provisions a dealer should be asking for and is entitled to.  If you are negotiating with a new central station or re-negotiating with your current central station, be sure to get the Rider.  It’s $500 and well worth it.  Order it at in the Monitoring Centers Contracts category.
Central Station* 2020 webinar series K&K is hosting webinars by central stations, one at a time, who will address "why you should be using our central station".  Each webinar will be approximately 20 minutes and then Q&A opportunity.  See what your central station has to offer or what others offer, enabling you to choose the right central station for you.  You should be using a central station listed on The Alarm Exchange to be assured of quality and more importantly, accountability.
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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