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Comment on issues to keep in mind when selling your accounts / more on additional insured
November 2, 2019
Comment on issues to keep in mind when selling your accounts from October 26, 2019
            This is a great column with, as near as I can tell, virtually all of the legal details that need to be addressed. I’ll be sending this to all of our clients, both present and future, giving credit to you, of course. 
            As usual, this is great legal advice but is also sound business advice. Take care, sorry I can't be at your Christmas party, but if you would like to once again give my books as YOUR Xmas present, I am, as usual, your humble servant.
Ron Davis
Davis Mergers and Acquisitions Group, Inc.
more on additional insured from October 29, 2019
            RE; Failure to procure insurance and name Alarm Co. as additional insured
            Has anyone EVER followed up with a customer to see if they have done that?  Is that EVER referenced by the Sales personnel when closing the sale?  99.9++% of the people do not ever read the contract before signing.  So is it in our best interest to at least mention and or point it out when the contract is signed?  I'm guessing not as every provision of the contract is of equal importance or it wouldn't be there. 
            So what is the recommendation?
Harry G
            So, how do you convince a customer to name you as an additional insured. We get asked about it all the time. We don't really have a good explanation. 
            When you present your Contract to your prospective subscriber you are not under any obligation to point out any particular provision, and I don’t see why you would.  I can’t see an alarm salesperson including in the sales pitch, “by the way, we won’t have any liability for our own negligence and if we are negligent you will have to cover our defense and damages”.  
            You are obliged to offer your subscriber the contract, not conceal any provisions or issues and not mislead the subscriber in regard to any of the contract provisions.  That’s why I recommend that you do not offer any explanation when asked.  Your response to questions like “what does this mean” should be “I suppose it means what it says”.  When asked, “why is this in here” your best response would be “because this is a standard provision in an alarm contract, required by our attorney and our insurance company”.   That would be the truth.  
            Keep in mind that the insurance procurement provision actually does protect the subscriber, though that explanation may cause more problems, a challenge to the indemnity clause.  Without the insurance clause the subscriber is providing indemnity without insurance coverage.
            The indemnity provision and the insurance procurement clause directly benefit your E&O insurance carrier, and your carrier knows it.  That’s why your carrier looked for those provisions when it decided to accept you as its customer-insured.  These provisions are sometimes omitted from the contract during negotiations, but only reluctantly and only when other provisions in the contract are left to protect you.  There are several layers of contractual protection and you can’t allow a subscriber to strip away all the protection you and your insurance carrier depend on.  These negotiations are best handled by a lawyer who knows the alarm industry.
            Concierge Clients of K&K are credited $250 each month to be applied to contract negotiations that month.  It’s a $3000 value benefit, in case you can’t do the math.  Since the Concierge Program only costs $145 a month, and has other benefits that can be monetized, it’s a great deal.  Check it out here:      and join today.  The sooner you join the sooner you can start taking advantage of expert legal counsel, advice and services.  Need more information on the Concierge Program?  Call our Concierge Program Coordinator Stacy Spector, Esq at 516 747 6700 x 304 or email her at

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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