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Comment on additional insured and insurance procurement provision 
September 20, 2021
Comment on additional insured and insurance procurement provision from article on September 10, 2021
          Great explanation on the necessity of having subscribers name security providers on their property coverage as an additional insured.  One thing that was left out was the necessity to have the certificate reissued each and every year as the subscriber’s insurance renews.  Even if the subscriber renews their insurance coverage with the same insurance company, the certificate will only come into play if the loss takes place during the specific policy period.  So, security providers need to request updated certificates year in and year out.  
  Rick Gombar, Executive Vice President
Bolton & Company  
          Thank you for that valuable information and advice.  I confess I didn’t know that a Certificate of Insurance was only good for the original policy period.  Most certificates I’ve seen state that the carrier will give notice of non-renewal or cancellation to the certificate holder. 
          If you don’t follow up and get the insurance certificate and confirm that your subscriber has complied with the contract and named you as an additional insured, you’re not alone; most alarm companies don’t check.  Most of the time when I am defending an alarm company and find that I can shift coverage and defense to the subscriber’s carrier it’s because the subscriber has Contractual Indemnity Coverage; the subscriber typically hasn’t bothered with the additional insured certificate.
          This issue doesn’t get a lot of attention in the alarm industry for several reasons:
  *  there are almost always other “protective” provisions in the alarm contract that the defense is relying on.  In fact, if there is an Insurance Procurement clause there is definitely going to be other contractual defenses.
  *  alarm companies aren’t too concerned with the additional insured coverage because they have their own E&O insurance coverage, so it’s the alarm company’s insurer who really looks for the subscriber’s carrier to take over.  As an aside, carriers using their favorite house or panel counsel usually don’t look for the insurance procurement clause because they want to work the file, until the end or as long as they can.
          The Insurance Procurement Provision is important and you shouldn’t ignore it.  If challenged you can delete it.  You don’t have to ask for the certificate in advance of signing the contract, but it’s good idea to follow up once the contract is fully executed.

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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