further comment on non-working cameras preclude insurance claim coverage September 4, 2025

KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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further comment on non-working cameras preclude insurance claim coverage
September 4, 2025

further comment on non-working cameras preclude insurance claim coverage from article on June 25, 2025

Ken,
Thank you for the information and all you do for our industry.
   We are licensed and certified for all aspects of fire alarm and sprinkler/standpipe systems and this article shows the importance of proper documentation among other things.
   Not knowing how a subscribers insurance policy may be written leaves a void in how to word an issue we may find. Let's say the policy states "building has a sprinkler and/or fire alarm system" which leaves a lot of leeway in complying with vs "building has sprinkler and/or fire alarm system and system is maintained and fully operational". Still many issues of interpretation, is the system designed for the particular hazard? "Fire alarm system", what is included, one pull station connected to a panel and a bell or horn is a fire alarm but probably not the intention of the policy. Many gray areas just in what the policy may require and then add how it will be interpreted.
   We have a subscriber since 2001, when we signed the original K&K agreement the building's chief engineer said he wants everything to do with the fire alarm, sprinkler/standpipe systems and fire extinguishers to be compliant and working. He also expected us at the building within 4 hours if there was a problem and to work through until the system(s) fully back to normal. Over the years the chief engineers have changed, I think we are on our fifth or sixth now. Along with changing the people, their views of what they expect have changed. The current chief engineer, now called the facility director, takes our reports which list problems, issues, deficiencies, etc. and does two thing, puts them in a book ready for inspection and forwards a list of the issues, problems, etc. to someone else and declares he has done his part. Example, their fire pump, a very critical component of the sprinkler and standpipe system had a bad circuit breaker (problem resting it) later to fail open (no power). Nothing was getting done to repair it, noted on our inspection forms for months with many other items, large print and highlighted, many emails sent and acknowledged. FDNY was also notified.
   They received word that the State was due to be there for inspection; all of a sudden the engineer wanted inspection reports without listing the issues and problems, he said, I can't show what you gave me to an Inspector; I said, fix the problems.
   Your article brings up the fact that an insurance claim "may" be denied if the terms of the policy are not met, which could be issues we have noted on reports.
   What language could we include on our reports to highlight the possibility the subscribers insurance could be in jeopardy if the issues are not corrected, maybe the statement may result in a faster resolution? In the past you cautioned about making something sound like a threat, so I ask, what verbiage can we add?
Thank you,
Jeff

Response

   I don't know about warning your subscriber about the possibility that they have contractual obligations to their insurance company that may include maintaining specific security or fire alarms or protection. Here's few ideas floating around in my head:
   "WARNING, FAILING TO KEEP YOUR YOUR ALARM SYSTEM OPERATIONAL MAY BE HAZARDOUS TO YOUR HEALTH"
   "WARNING, FAILING TO KEEP YOUR ALARM SYSTEM OPERATIONAL MAY VIOLATE THE TERMS OF YOUR INSURANCE POLICY [OR LEASE, OR MORTGAGE, OR TERMS OF PAROL]"

   What else should you be warning about? If you leave something out does that mean that you may be responsible if that's what goes south?    If you want to use a warning as a sales tool to encourage your customer to fix the alarm or permit a required inspection, that is another matter. You can simply advise why compliance with the law is advisable and all the reasons why its advisable. I would couch it in terms of "may' rather than make a statement that might be construed as you offering advice, legal or otherwise.
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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