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 whitelist ken@kirschenbaumesq.com ****************************** Dealing with your customer’s landlord’s, not your customer’s, insurance demands December 23, 2024 ************************* Dealing with your customer’s landlord’s, not your customer’s, insurance demands ************************* Ken, I have a potential customer that is leasing commercial space from a landlord. The landlord is demanding that we meet certain insurance requirements. I can meet the insurance requirements from a coverage perspective (we use Security America/ESA's insurance), but I would like your opinion as to my legal liability/exposure if I agree to their terms. We use K&K standard agreements. My contract would be between the tenant and my company - not the landlord. This would be for an alarm, access and video project, and we would provide ongoing security monitoring - not fire. Total deal: $15,000 and $75/rmr. Can you give me your feedback? Thanks, JK ***************************** Response ***************************** The landlord’s right to demand certain insurance needs to be found in the tenant’s lease, and it’s the tenant who should be letting you know what insurance is required for you to enter upon the premises and provide your services. It’s the landlord’s building and within the landlord’s prerogative to decide what insurance is prudent to protect the property and those on the property. If the tenant permits you to proceed without the insurance then it’s the tenant who will be in breach of the lease, not you. As with any request for insurance you need to figure out 1) if you can get the coverage and 2) what it costs. The landlord is requesting additional insured coverage and primary non-contributory coverage. You need to make it clear in your Certificate of Insurance [COI] that your policy provides “additional insured” coverage only for your acts while on the premises and subject to your contract with the tenant. Clearly you do not intend to have your policy replace or reimburse the landlord’s casualty and fire policy. Your coverage for the landlord should be limited to your acts while on the premises and should exclude loss caused by alarm equipment or service failure. Check with your broker if this is appropriate and possible and if not, object to naming your subscriber or its landlord, or anyone else, as an additional insured. **************************** STANDARD FORMS 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
