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Additional insured provision
December 18, 2020
Additional insured provision
            I just got your updated Residential All in One and I see there is a paragraph requiring the subscriber to carry insurance and name our company as an additional insured.
            In the past this has come up on the old contracts and we have crossed this out.  I have a customer who is a litigation attorney and I have to hand this new agreement to him for him to sign.  He has already said he won’t sign my older contract, which is an earlier Residential All in One
             What is the best way to handle this in the new agreement as I see this as a sticking point going forward?  Yes i know you put it in there however.......
            Good question.  This issue of additional insured comes up in several ways.  A large potential subscriber may demand the alarm company name the subscriber as an additional insured.  Contractors hiring a subcontractor may require the subcontracting alarm company to name the contractor and owner as additional insureds.  Central stations will demand that alarm dealers name the central station as an additional insured.  
            Alarm companies demand their subscribers to obtain insurance covering potential loss and name the alarm company as an additional insured.  Naming the alarm company as additional insured accomplishes two things:  it provides a layer of insurance coverage and it prevents the subscriber’s insurance company from pursing a subrogation claim against the alarm company who is also an additional insured.
            Do you need the additional insured provision, which is properly called an “insurance procurement” provision? There are other provisions in the Standard Form Agreements that overlap with this provision.  The wavier of subrogation provision accomplishes part of what the insurance procurement provision accomplishes.  You can view other protective provisions in the Standard Form Agreements as reducing or eliminating risk.  
            Like all provisions in the Standard Form Agreements there usually isn’t just one provision you need, but several.  Most overlap.  You can delete or change all of them if you retain others.  
            In your case you mention that your customer is a litigation attorney.  I’m not sure if you did that to provoke a [negative] response from me, or if your customer really is a litigation attorney, perhaps better described as a potential pain in the ass.  Of course this is exactly the type of subscriber you need to be careful with.  You like playing with fire, go make your deal.  Otherwise, let him know this aint your first rodeo and he can call someone else and break their chops.

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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