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Comment on updating call list  / Contract modification

August 11, 2021
Comment on updating call list
          While on the subject of call lists and calling customer to go over the call list. What is the best way to follow up in writing on this?  Send the customer an email going over what was talked about as to who to add or delete and request the customer respond to the email before making the changes in the central station data base?
      The Call List is not something the subscriber tells you over the phone; it’s a written document that the subscriber completes and signs.  When you get the All in One agreements we include the Call List.  You can also use a call list provided by your central station.
Contract modification
          I have a potential subscriber for alarm install and monitoring - no fire.  They want me to remove sections 20 (indemnity) and 22 (insurance) from your Commercial All in One contract which we use.
          What do you think?
          Removing any of the provisions in the All in One is going to reduce your contract protection and increase your risk.  The real question is what level of increased risk are you willing to accept.  The two provisions you mention are important but you are still going to be protected if you modify the provisions.
          Indemnity is more important to your E&O carrier than it is to you.  It’s the carrier that has to step in and defend you if there is a claim and it’s your carrier who will want to shift or allocate the liability to another.  The indemnity provision accomplishes that, enabling your carrier to look to your subscriber, and it’s insurance company for indemnity.  Not all carriers avail themselves of this provision in the contract, most likely out of ignorance.  It’s an important provision, but less essential to you than other provisions.  Note that the indemnity provision is only the first sentence of the paragraph.   It’s not OK to delete the rest of the paragraph.
          The Insurance provision is also important; it’s an insurance procurement clause and it requires your subscriber to carrier insurance [which you may not really care about], limits your subscriber’s ability to recover damages against you in the amount of the insurance and requires that you be named in the subscriber’s insurance policy as an additional insured [which you should care about].  Of course your carrier is the direct beneficiary of this provision since it puts the subscriber’s insurance company front and center on any claim; your carrier can take a back seat, especially if the indemnity provision hasn’t been deleted from the contract.  But again, the provision is less vital to you if you have the E&O coverage.  Of course your carrier won’t be happy if you routinely delete these provisions since it increases its risk, and to the extent a claim exceeds your coverage, your risk.
          You can, if you have to, to get the job, delete these provisions, provided you leave the other provisions in the contract in original form.  There will still be sufficient contractual protection in the All in One in the event of a claim, and this applies to the residential, commercial and commercial fire All in One agreements.

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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