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 white list ken@kirschenbaumesq.com ****************************** Does license holder need separate insurance / more on temperature sensor in smoke detector April 8, 2022 ************************** Does license holder need separate insurance ************************** Ken I would like to ask for Kirschenbaum & Kirschenbaum’s advice. I have a few questions about when I need insurance. As a license holder for another alarm company using the Kirschenbaum qualifier agreement, do I need to carry my own insurance? What if I also act as a subcontractor for the company I hold license for. Do I need my own insurance then? name withheld *************************** Response *************************** If you are not the owner of the company that you hold the alarm license for then you should have a Qualifier Agreement in place. That agreement will require the company to name you as an additional insured on its E&O policy as an additional insured. Naming you as additional insured is probably an overly cautious requirement. License holders are not typically sued just because they are the license holder. I've never seen a case where the license holder was sued by a subscriber, though it's certainly possible there are such cases. Generally a license holder would not be exposed for contract or tort liability just because he holds the license. Performing services as a subcontractor may be inconsistent with your position as license holder, a position that may require you to be an employee of the company. Acting as a subcontractor may be inconsistent with that employment relationship, though if the subcontractor is another entity that the license holder-employee also happens to work for I think it's manageable. As a subcontractor you should have your own E&O coverage, though you may be able to get away without it if you're a single employee subcontractor and the company engaging you names you [meaning the subcontractor company] as additional insured on the company E&O policy. **************************** more on temperature sensor in smoke detector **************************** Ken All which indicates that everyone but "Anonymous" has already figured this all out and thus do not use those options in the smoke detector. Also, there are motion detectors with temperature sensors in them that no one I know ever uses. Why generate more paper work and liability? Jim Certified Alarm Systems **************************** Response **************************** I'm not so sure "everyone" has figured out that the temperature sensors in the smoke detectors or the motion detectors are not intended as temperature detectors, at least not as traditional temperature detectors. The point of the original article was that using the temperature sensors posing some risk if not properly contracted, and I agree with that. **************************** To order up to date Standard Form 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
