Does additional insured set coverage limits October 28, 2026

KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Does additional insured set coverage limits
October 28, 2026
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Private meetings at ISC EAST - SEVERAL SPOTS LEFT - CALL NOW FOR MEETING TIME
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   To arrange a private meeting with K&K and staff at ISC East on November 4 or 5 please contact Kathleen Lampert at 516 747 6700 x 319 or KLampert@Kirschenbaumesq.com or Stacy Spector,Esq at 516 747 6700 x 304 or SSpector@Kirschenbaumesq.com. We are planning half hour appointments between 10:30 and 3:30 on November 4 and 5. If you think you need more time let us know. We look forward to seeing you at ISC; meetings will be outside the hall at the food court area.
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IT’S PARTY TIME - SAVE THE DATES - Two parties
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   The annual K&K party in New York will be on December 1, 2026 in Old Westbury, NY.
   This year we are also starting what we hope will become tradition, a holiday party in Boca Raton, Florida, which will be on December 10, 2026.
   To RSVP for either party notify Kathleen Lampert at 516 747 6700 x 319 or KLampert@Kirschenbaumesq.com, or Stacy Spector, Esq at 516 747 6700 x 304 or SSpector@Kirschenbaumesq.com. RSVP only if coming and let us know if you will be bringing someone with you.
Be sure to RSVP asap so we can plan, and a gate pass will be sent for the Florida party. Parties will be 6:30 to 9:30 pm, casual dress. Hope to see all of you at one or both parties.
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Does additional insured status set coverage limits?
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Ken,
   The commercial agreement asks for us to be named as an additional insured. Are there specific coverages and limits that are required? Please keep
anonymous
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Response
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   As a matter of fact, the Insurance Procurement provision is in all the Kirschenbaum Contracts™. And, there are reasons. Additional insured status does not, by itself, establish a dollar limit. The agreement sets the procurement obligation; the policy and endorsements determine the coverage actually provided and its limits.
   The Insurance Procurement provision requires your subscriber to carry insurance and to name you as an additional insured. Subscribers often balk at the requirement and very often I waive it if I am confident that other provisions left in the contract sufficiently protect the alarm company. The Insurance Procurement provision requires the subscriber to carry enough insurance to cover the subscriber’s interests that the equipment and services are intended to protect, subject to the wording of the particular agreement. That means considering property insurance for the cost of replacing the house and contents or a business’s inventory, and liability insurance for covered claims involving bodily injury, death or property damage. These are different coverages; additional insured status on a liability policy does not itself insure the subscriber’s property. In other words, the objective is adequate insurance for the subscriber’s potential losses and for covered claims against you, not a guarantee that every loss will be paid. Coverage for your negligence depends on the policy and additional insured endorsement. Some endorsements require the subscriber’s acts or omissions to be a proximate cause of the injury and do not cover your sole negligence.
   Another often overlooked benefit is that the subscriber has, in other provisions, agreed to indemnify you. That indemnity obligation and your additional insured coverage are separate protections. Whether the subscriber’s policy covers its contractual indemnity obligation depends on the policy terms and applicable law; additional insured status alone does not establish that coverage. Finally, under the anti-subrogation rule recognized in New York and many other jurisdictions, an insurer generally cannot pursue its own insured, including a qualifying additional insured, for the very risk covered by that insurance. That is not blanket immunity from every claim by the subscriber’s carrier. Additional insured status under a liability policy does not necessarily bar a property insurer’s subrogation claim; the applicable policies, coverage and any enforceable waiver of subrogation must be examined. The Kirschenbaum Contracts™ do have a waiver of subrogation, so the additional insured provision is not the first line of defense against a subrogation claim. Like other provisions in the Kirschenbaum Contracts™ there are several provisions that over-lap and therefore giving up one may not be overly risky as long as you have the others. Contract negotiations should be handled by a very experienced alarm attorney and your participating in the Concierge Program is the best way to ensure proper negotiations.
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STANDARD FORMS Alarm / Security / Fire and related Agreements.   click here: www.alarmcontracts.com
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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.
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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
ken@kirschenbaumesq.com
www.KirschenbaumEsq.com