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 ****************************** Comment on can fire alarm system start a fire May 17,2022 ************************** Comment on can fire alarm system start a fire from article on May 11, 2022 ************************* Ken In my experience the issue with control panels starting a fire has mainly come from installers putting programing and other information paperwork in the control panel itself. This is not only an incorrect practice but the paperwork can catch fire from heat sinks on the control panel circuit board or from other hot component parts. Jeffrey D. Zwirn, CPP, CFPS, CFE, SET, FASI&T, CHPA-IV, MBAT, NFPA 3000(PS), President; 2018 Recipient of the True Professional Award from the New Jersey Electronic Security Association (NJESA) At Their 2019 Annual Symposium; 2019 Recipient of the Outstanding Service Award from the New Jersey Electronic Security Association (NJESA) On Their Fiftieth Anniversary IDS Research & Development, Incorporated Tenafly, New Jersey 07670 201-227-2559 www.alarmexpert.com www.linkedin.com/in/jeffreyzwirn ************************* Response ************************* Thanks for that insight; I didn’t see that one coming and I bet a lot of alarm company owners didn’t realize the risk of leaving paper inside the panel, and not just a fire alarm panel. The original article considered whether the protective provisions in the Fire Alarm Contract [or any other alarm contract] should protect the alarm company from an error that actually causes the fire as opposed to failing to detect the fire as the system is designed to do. Absent a specific statute prohibiting exculpatory or limitation of liability provisions the protective provisions in Fire All in One should be enforceable, even for the paper in the panel scenario. I would not be surprised to see typical insurance claims people and their house or defense counsel entertaining paying a claim when the cause and origin is traced to the alarm equipment actually causing the fire. While an alarm company’s first reaction may be that it’s the insurance company’s money so they can settle and pay if they want to, alarm companies will quickly learn that Loss Runs are maintained for all insureds by all insurance companies, and the insurance companies consider the Loss Runs when deciding whether to insure you and what premium you need to pay. Once alarm E&O carriers start acting like casualty insurers paying claims for losses alleged to be caused by or contributed to by alarm companies, we will see significant increase in E&O premiums and good chance some carriers exiting from the alarm E&O market altogether. ********************* To order up to date Standard Form Alarm / Security / Fire and related Agreements click here: www.alarmcontracts.com *************************** CONCIERGE LAWYER SERVICE PROGRAM FOR THE ALARM INDUSTRY - 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. *********************** ALARM ARTICLES: You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles updated daily ******************** THE ALARM EXCHANGE - the alarm industries leading classified and business exchange - updated daily ************************* Wondering how much your alarm company is worth? Click here: https://www.kirschenbaumesq.com/page/what-is-my-alarm-company-worth ****************************** Getting on our Email List / Email Articles archived: Many of you are forwarding these emails to friends or asking that others be added to the list. Sign up for our daily newsletter here: Sign Up. You can read articles and order alarm contracts on our web site www.alarmcontracts.com ************************** 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
