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Comment on GL and E&O insurance / Additional insured question / cs webinars continue
August 6, 2020
Today's webinar:  starts at noon ET.  Register now:
Electronix Systems Central Station Alarms - August 6, 2020
Comment on GL and E&O insurance from article on July 24, 2020
            We have seen instances where an insured carries a separate Professional Liability (PL) policy.  The problem I usually see with it is twofold:
  1)   PL policies are usually claims made and reported so it is tough to then switch to an occurrence policy without incurring either uninsured exposures or significant extra costs to address those exposures, and 
  2)   In some industries (such as the alarm industry) there can be a gray are between GL and PL.  It’s just the nature of the business.  Carrying both on one policy allows carriers to sort through this gray area much more easily.
            If you do have a current standalone PL policy that is claims made and you are considering switching to a PL/GL that is occurrence, you need to have a deep discussion with your agent.  This is not a decision you should take lightly.
Crystal Jacobs
Security America
            Crystal, your comment, while entirely accurate, may create some confusion.  In the alarm industry, and I include PERS, Medical Alert, Cameras, any form of electronic detection equipment, you must carry Errors and Omission coverage.  That coverage will always be an "occurrence" policy, which means the coverage is triggered by the loss event, not the date the loss is reported, which can be much later than the event [and after the "claims made" policy is expired, along with its coverage]
            If your insurance broker or agent doesn't understand this distinction, and your need for E&O coverage, then you need to change insurance brokers.  Your best selection is found on The Alarm Exchange.
            My "unpaid" endorsement of Security America remains.  Security America understand the alarm industry and you can be assured of expert advice and coverage from underwriting to claims.  Crystal should be your first, and last, call when you need E&O coverage.  That includes GL coverage, because the E&O coverage is part of your GL policy, so you get both GL and E&O.  If you use K&K contracts be sure to let Security America know because it will expedite your application process and get you a cheaper premium.
Additional insured question
            A customer asked us to strike out the additionally insured provision on the Commercial Security All in One agreement.  The customer requested a certificate of insurance and wants us to list them as additionally insured.  Do we need to mutually add each other in order for this to work?
                This is what I consider to be a "non-business" issue; it's a legal challenge to the contract provision and you are wise to seek counsel to consider the subscriber request.  K&K offers a Concierge Program for the alarm industry to assist our clients with contract challenges.  Who better to discuss the contract issues than the attorneys who drafted your contract [even if you used another lawyer, they probably copied our contract provisions and format].  Your get a free half hour each month for subscriber contract challenges, and that's often enough time to deal with two or more challenges.  You can find out more about the Concierge Program by calling our Concierge Program Coordinator, Stacy Spector,Esq., at 516 747 6700 x 304, emailing her at, or going to our website, where you can also sign up today and start your benefits immediately:
            OK, so let's get to your question.  You can delete the additional insured provision under some circumstances; there are other protective provisions we rely on so you will still be protected. 
            Rarely should you agree to name your subscriber as an additional insured on your policy.  If you are doing installation only, no RMR items of service, then it is probably OK, though you do need to check with your insurance carrier [it will probably agree it's OK].  If you are performing RMR services you should not name your subscriber as an additional insured, even if your carrier [or broker] says it's OK and gets you the certificate.  You have to keep in mind that one claim where your subscriber is claiming additional insured status might end up with you having to pay a much higher premium or find a new carrier.

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Electronix Systems Central Station Alarms - August 6, 2020
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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