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Additional insured / Name change / free money - running out of time
April 1, 2020
re:  The Payroll Protection Plan - PPP Forgivable Loan:  Those of you who have retained K&K should have received your loan questionnaire to prepare you for filing the loan application, which needs to be filed immediately with follow up application to your bank as soon as your bank is accepting applications.  
   For those of you who have asked for a Retainer Agreement from K&K, but haven't returned it, our staff should have contacted you to remind you, once.  If you decided against moving ahead please let us know.  
    For those of you still "thinking about it", "considering it", "looking it over", talking to accountant, insurance agent or guru", I believe the funding for the PPP will be gone within hours, if not minutes, of the government releasing the funds.  ​​K&K is no longer sending out retainers without payment in advance.  Sorry if you miss this boat.
If you want to get on board contact Stacy Spector at 516 747 6700 x 304,,  or Kathleen Lampert, at 516 747 6700 x 319 or  Maybe there will be a second round if you miss this one.​

Personal note:  I apologize for pushing so hard on this, but I expect if you don't act on it immediately you are going to be left behind.  No way will the funding hold out.  If you want to apply for PPP on your own or rely on someone else just be careful; the real challenge will be getting forgiveness, not getting the loan. K&K intends to monitor and guide our clients throughout the process.
​​​Grant Money:  Free grant.  $10,000.  If you have retained K&K for the PPP loan call us to find out how to file for your free grant money.  There were 1 million grants available.  As of yesterday afternoon there were about 225,000 left.  Call Jennifer Kirschenbaum,Esq at 516 747 6700 x 302 or and she will advise you how to get on line for the grant.  This is free $10,000.  Do not call if you have not retained us for the PPP forgivable loan.​

Additional insured
            Sometimes a County or City will not sign our contracts and we have to sign theirs.  Is it best to try to have them remove the additional insured clause regarding liability from their contract if they will?  I always heard it is better not to additionally insure your customer, that to name them as additionally insured was a bad thing if we had to share our insurance with them.  How does it protect us?  I understand if they named me as additional insured, but not the other way around.
            Be very careful with this additional insured issue.  When you are asked to sign your customer’s agreement form it most likely will have an additional insured requirement.  That means you have to add the customer on your liability policy, though the coverage should be limited to your acts.  [you don’t want it worded so it’s additional coverage for your customer no matter who causes a covered loss].  
            You should be familiar with the additional insured provision because it’s in the Standard Form Agreements, which requires your subscriber to name you as an additional insured.  So the subscriber’s form agreement and your agreement are directly at odds.
            Your insurance broker may tell you not to add your subscriber; it increases your risk and certainly shifts the risk to your carrier.  That can result in higher loss runs, experience rating and loss of your insurance or higher premiums.  
            But here’s the catch; the subscriber’s form agreement is also going to have an indemnity provision whereby you agree to indemnify the subscriber for liability attributable to your work.  This indemnity is the same risk that the insurance covers, hopefully.  You can’t make the mistake of giving the indemnity and then not covering yourself with the additional insurance naming the subscriber additional insured.  The consequence of not adding the additional insured would be that your indemnity would be a contractual obligation you have with no insurance coverage to back it up.  If you and your subscriber get sued by a third party, which is not uncommon, and your carrier defends you, if the subscriber is not an additional insured, and you have agreed to provide indemnity, you will find yourself having to pay for your subscriber’s defense and damages.  
            If you indemnify, name your subscriber as additional insured.  I believe most carriers will permit you to add additional insured at no additional premium.
Name change
            Our name changed a few years ago.  We have signed contracts with the old name (which is still listed as insured on our policy).  We have issued new contracts with the new name.  However, I have recently learned that some of these new contracts haven’t been signed and returned.  My question is, are my old contracts still valid? 
Name withheld
            If your legal entity [corporation or LLC] just changed its name then there is no problem or issue; it may just cause some confusion that can easily be cleared up.
            But most likely you have created a new entity and you’re now doing business under the new entity.  By sending new contracts out you have acknowledged that a new entity is now providing the services you perform.  That new entity does not have a contract with your subscriber.  You have no contractual protection, which is essential in the security industry. 
            You have two options.
            The first is to send out new contracts, which you have done.  The advantage is a new updated contract [if you’re smart enough to use the opportunity to update your contracts].
            The second and easier way, assign the contracts from the old entity to the new entity.  You may have a handful of contracts that prohibit assignment without consent of the subscriber, but that consent should be obtainable.
            Might be a better idea to get guidance before you let the horse out of the barn.  Sign up for our Concierge Program and develop a closer working relationship with a law firm that specializes in the security business.  Contact Concierge Program Coordinator Stacy Spector,Esq at 516 747 6700 x 304 or

Webinars Series 2020 - Register now
            We are pleased to offer the below FREE Webinars. Originally scheduled as Roundtable discussions at the ISC we are now opening up attendance in webinar format. Please sign up for one or more webinars and we hope you’ll participate in the discussion.  Other webinars TBA
            For those of you who had a Free private meetings scheduled with Ken Kirschenbaum at the ISC show, please call Stacy Spector,Esq at 516 747 6700 x 304 to re-schedule the meeting via Skype
When: April 7, 2020 at 12 PM  ET
Topic:  discussion on the current state of the Financial/Capital Market Stability in the Security Industry and necessary agreements needed for security companies
Presented by:  Troy Iverson, VP of Sales, Brian Davis, CFO of AvantGuard Monitoring Centers
Hosted by:  Ken Kirschenbaum, Esq
Who should attend: owners, CFO, managers, 
Register here:  

To order up to date Standard Form Alarm /  Security / Fire and related Agreements, click here:
You can check out the program and sign up here: 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
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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