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Are you responsible for your subscriber’s entire loss if you’re found liable / Central station 2020 webinars

July 6, 2020
Central Station* 2020 webinar series starts July 13, 2020.  K&K will be 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
  *  only central stations on The Alarm Exchange will be invited to participate
Register Now for the CS webinar series: 
AvantGuard Monitoring Centers - July 13, 2020
UCC – United Central Control - July 14, 2020
Rapid Response - July 15, 2020
Dispatch Center - July 16, 2020
Statewide Central Station - July 17, 2020 
Affiliated Monitoring - July 20, 2020

Stanley Security Wholesale Monitoring  July 22, 2020

Allstate Security Industries Inc – July 23, 2020

General Monitoring Services  - July 28, 2020
Are you responsible for your subscriber’s entire loss if you’re found liable
            Every alarm company owner’s nightmare; your subscriber suffers a catastrophic loss which the alarm should have detected, and didn’t.  You get a worried feeling about the loss and your potential involvement, and once you hear from the subscriber’s lawyer you become sure of it; you messed up.  You did something that, at the very least, contributed to the loss.  And when I say you, I mean you and any subcontractor you engaged, including the central station.  
            Lucky for you there are others who share the liability, perhaps the lion’s share.  Same day you were last on premises there was an electrician, painter, candlestick maker.  Let’s say the customer is guilt free; maybe not even home.  Point is, others may be responsible enough to share the damages.  Maybe the painter left liquids near a new outlet that the candlestick maker was using that day.  Unfortunately the house burned down and no fire alarm signal was received.
            There are 7 states where you are screwed:  Alabama, Delaware, Maryland, Massachusetts, North Carolina, Rhode Island, and Virginia.  These 7 states have “pure joint and several liability”.  That means that if you are found negligent at all, 1%, the Plaintiff can look to you for 100% of the damages and you are not permitted to seek reimbursement from others who may have been found liable with greater percentages.  This is a serious problem when the others don’t have insurance, don’t have as much insurance or for whatever reason the Plaintiff’s lawyer wants to look only to you.  Claims in these cases are obviously harder to defend because of the potential for liability for the entire loss.  If you have a 1 million policy and it’s a loss that could likely result in a judgment for more than that, your carrier can’t be certain that you won’t be exposed to the entire judgment instead of just your share, which the carrier may believe should be a small percentage.
            Some states have a hybrid of joint and several liability, where economic damage can be pure joint and several but non-economic [pain and suffering] is comparative.
            Most states have comparative liability, which means you are responsible only for your share, unless your share is more than 50%, and then it’s all of it. 
            Here’s your sleeping aid; use the Standard Form Kirschenbaum Contracts ™, the updated All in One © forms.  The contract will exclude or limit your exposure when you defend a negligence action or breach of contract action.  One more thing, make sure you have insurance with E&O coverage.  If you are concerned that your carrier is handling the matter in a way that exposes you beyond the insurance coverage give me a call and retain K&K as your personal counsel to monitor the defense case and if necessary get aggressive with your carrier to focus on protecting your interests.

Central station 2020 webinars
            Our central station's webinars begin soon.  Register now.
            Central stations will have the opportunity to tell you what services they offer, to what extent the services are unique or specialized and, with some pressing, what you can expect to pay.  The webinars are starting July 13 and the central stations are lining up to participate.  
            The webinars offer an excellent opportunity to interact with your central station, scope out another central station, and consider whether you want to move accounts or open new accounts with a particular central station.  Am I encouraging central station hopping?  No, but I am encouraging you to use central stations listed on The Alarm Exchange.  Why, for you, not me.  You get the added protection of knowing that the listed central stations are expected to deal with dealer issues and cooperate with a goal of resolving disputes. Those that fail to co-operate risk having their post removed from The Alarm Exchange.  That may not sound like a big deal to you, but check out The Alarm Exchange central station category.  Every major reputable central station is participating.  If your central station isn’t, move to one that is.  If you don’t, don’t bother complaining to me about problems you have with the central station; I have no relationship with that central station and won’t be able to make a call to resolve your issue.  
            So make some time to attend the webinars, by video or on your phone.  They will all be recorded and you will be able to view or hear them by visiting the K&K website and navigating to the alarm webinars:

To order up to date Standard Form Alarm /  Security / Fire and related Agreementsclick 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.
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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