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 ******************************* Additional insured and carrier not able to sue you / Audio in cameras October 15, 2019 *************************** Webinar notice ************************* Title: Subcontractor v Employee and Consequences of Misclassification When: October 17, 2019 12-1 PM EST Who Should Attend: Alarm owners, managers and CFOs Presenter: Michael Foster, Esq. and Ken Kirschenbaum, Esq. More information: Proper classification and consequences of misclassification of independent contractors and employee s; 1099 v W2; California's new law and how it impacts other states. Register here: https://attendee.gotowebinar.com/register/8194366993832988675 ************************** Notice: New K&K Concierge Program perk. Concierge clients will be credited half hour each month for subscriber contract review. This credit does not carry over to next month; it’s $250 value each month. Use it or lose it. This perk adds up to $3000 value to the Concierge Program. To learn more and sign up for the Concierge Program click here: http://www.kirschenbaumesq.com/page/concierge *********************** Additional insured and carrier not able to sue you from article on October 12, 2019 *********************** Ken A carrier can’t sue you if they insure you? We’ve had it happen. Our own carrier had to defend a case brought by another division of “itself” who was insuring the plaintiff customer. Of course we ended up getting it dismissed on the merits but the fact that it was the same insurer was not the reason. They treat themselves as different centres of profit even though under the same umbrella. RK *********************** Response *********************** A correct statement of law is that an insurance carrier cannot sue its own insured to recover for the insured loss. I think the carriers know this. That’s why you don’t see insurance companies paying a claim and then suing the person they paid who caused the loss in the first place, assuming it was the insured. But here is why you got sued by your carrier. Insurance companies are departmentalized and one department doesn’t talk to the other; at least it seems that way. So Underwriting agrees to provide the insurance; Claims evaluates and pays out on claims; Subrogation goes after whoever it can to recoup the paid out loss. Sometimes these departments call themselves divisions of the carrier, but if it’s the same carrier it can’t sue its own insured to recoup the money paid out on the insured loss. So the All in One agreements have two provisions dealing with waiver of subrogation. First one is the waiver of subrogation. Second one is the additional insured provision. Try and keep both in your agreement or at least one of them. ********************* Audio in cameras ********************* Ken, What is the current law on Audio Recording built into Cameras? Thank you, Joe *********************** Response *********************** I don’t see why you can’t have audio features in camera devices. The device, combining the two technologies, is not, per se, illegal. Like a lot of other things, it’s how you use the device. The use of audio devices falls into two categories, one party consent or all party consent. You need to know what the law in your state is. Check it out here: https://www.kirschenbaumesq.com/page/alarm-law-issues . Look at the audio and video law listing. Audio laws cover mechanical interception or recording of audio. The laws developed because of wiretapping and eavesdropping, and my guess is that 99% of the laws were enacted before the current technology became readily available. Don’t confuse audio or video in place of what looks like a smoke detector. That is most likely illegal in your jurisdiction and the reason is that it creates a false sense of security for fire protection when there are fake smoke detectors displayed. Getting back to the audio in the cameras, the right to view, and record, video is a bit more liberal than audio, so it may be permitted to view and record the video but not intercept or record the audio at the same time. Importantly, the Standard Form Agreements put the onus of lawful use on the subscriber, not the installer. Be sure to use updated All in One agreements. ************************ 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
