KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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GL and E&O insurance / cs webinars  Why you should use our central station - webinars continue today
July 23, 2020
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Next webinar:  starts at noon ET.  Register now:

Acadian Monitoring Services – July 27, 2020
https://attendee.gotowebinar.com/register/8197119078067190030

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GL and E&O insurance 
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Ken, 
            Thanks for putting the central station webinars together. There was a discussion regarding GL and E&O insurance, and naming the central station as Certificate Holder or Additional Insured during the Dispatch Center webinar on July 16, 2020.
            Regarding my comments, I was just clarifying comments that you and Kelly made. 
            All dealers and central stations that we write, we require them to have both General AND Professional liability insurance.  However, we have seen many dealers written by other insurance brokers that only have general liability.  When this happens, we won’t write them without purchasing both. 
            You are correct that most policies in the alarm industry have the professional liability endorsed onto the general liability policy.  However, we have had a couple accounts where we have written separate professional liability policies due to unusual circumstances that are not common.  It seems like there are exceptions to the rules.  A separate professional liability policy is possible, but not recommended nor common.  Just an FYI.
            Thanks again for explaining to Kelly [and everyone else] the importance of having his dealers list the central station as additional insured.  Very well said.    
 Shawn Iverson, CIC
The Insurance Center        
Ogden, UT
801-622-2626
www.InsuranceCenterUT.com
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Response
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            Every reputable central station is going to require its dealer to sign a Dealer Agreement.  Every Dealer Agreement is going to require the dealer to indemnify the central station if the dealer’s subscriber sues the central station, for any reason. Unless the dealer has insurance coverage that will cover the subscriber’s claim, not only for the dealer but for the central station, the dealer will have the expense of defending the central station and paying any judgment awarded against the central station.  That is an unnecessary risk that can be avoided by carrying insurance and naming the central station as an additional insured.  The Rider I offer to modify the Dealer Agreement requires the dealer to name the central station as an additional insured.  You might wonder why I would put that in a Rider prepared for the dealer, not the central station.  The answer is because it protects the dealer [the central station as well]. 
            I am not sure where this idea of carrying GL only, and no E&O, came from.  Certainly GL coverage is much less expensive than E&O coverage and that’s because the GL coverage is for damage or injury caused by the insured on its property and while on other’s property, though there may be conditions on other’s property [I’ll leave that to the insurance brokers to explain if they want to].  But a loss suffered by your subscriber or a third party attributed to alarm equipment or service failure, will not be covered by a GL policy; for that coverage you need E&O.  
            Every policy I have seen is GL with added E&O by endorsement.  That’s what you need.  Get it from Security America [the ESA carrier] and stop taking chances with other carriers that could care less about the alarm industry and you, at least from a claims perspective.  You can find Security America listed on The Alarm Exchange under the Insurance category.  If you don’t get immediate attention let me know.  Since I recommend Security America I want to be sure they are treating my clients properly, and so far, they do.
            An alarm company called me the other day and complained that he had been sued for a loss and did absolutely nothing wrong.  He complained because his carrier settled for $8000 and wanted the deductible of $1000.  I asked who the carrier was and immediately told the alarm company owner that he got what he deserved.  The carrier, First Mercury, obviously did a quick calculation that it was cheaper to settle for $8000 than continue defending the case.  That might be true, but doesn’t really consider the deductible, the alarm company’s reputation, the alarm company’s loss run for future premium and underwriting considerations, or the encouragement it gives lawyers to sue alarm companies.  If your carrier isn’t thinking about that, you need to change carriers; check out Security America.  Its claims are overseen by its well-known and respected Claims Administrator, Bart Didden [who also owns USA Central Station].  If Bart has to settle a case he feels the pain.  
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Central station webinars
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            Not all central stations on The Alarm Exchange have opted to participate as of yet.  You still have time.  Contact our Concierge Coordinator Stacy Spector,Esq at SSpector@Kirschenbaumesq.com or 516 747 6700 x 304.  You just might pick up one or more dealers.
            And, speaking of dealers, selecting the right central station is important; there’s lots to consider.  K&K is saving you the trip to Vegas and bouncing from one booth to another, stuffing your pockets with candy and pens [not that there is anything wrong with that].  You have and you will be hearing from the best of the best in this webinar series.  
            Keep in mind that any legitimate central station is going to require you to sign a Dealer Agreement.  This isn’t a car rental contract at the airport.  It can be modified and you need to ask for those modifications.  I’ve designed a Rider that applies to every central station Dealer Agreement because it includes all the provisions a dealer should be asking for and is entitled to.  If you are negotiating with a new central station or re-negotiating with your current central station, be sure to get the Rider.  It’s $500 and well worth it.  Order it at www.alarmcontracts.com in the Monitoring Centers Contracts category.
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Central Station* 2020 webinar series K&K is hosting webinars by central stations, one at a time, who will address "why you should be using our central station".  Each webinar will be approximately 20 minutes and then Q&A opportunity.  See what your central station has to offer or what others offer, enabling you to choose the right central station for you.  You should be using a central station listed on The Alarm Exchange to be assured of quality and more importantly, accountability.
  *  only central stations on The Alarm Exchange will be invited to participate
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Register Now for the CS webinar series: 
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Acadian Monitoring Services – July 27, 2020
https://attendee.gotowebinar.com/register/8197119078067190030
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General Monitoring Services  - July 28, 2020
https://attendee.gotowebinar.com/register/6847800607085109776
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Cops Monitoring - July 29, 2020
https://attendee.gotowebinar.com/register/5614688421138368523 

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Security Partners - July 30, 2020
https://attendee.gotowebinar.com/register/2765625095170808591 
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National Monitoring Center - July 31, 2020
https://attendee.gotowebinar.com/register/2527889790544756495

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Electronix Systems Central Station Alarms - August 6, 2020
https://attendee.gotowebinar.com/register/2606752262202465549
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Central station 2020 webinars
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             Not all central stations listed on The Alarm Exchange have opted to participate in our webinar series, "Why you should be using our central station" and I've been wondering why.  Only answer I can come up with is, apparently, they don't think you should be using their central station.  Go figure.
            Our central station's webinars have begun.  Register now.  
            Central stations will have the opportunity to tell you what services they offer, to what extent the services are unique or specialized and what you can expect to pay.
  
            The webinars offer an excellent opportunity to interact with your central station, scope out another central station, and consider whether you want to move accounts or open new accounts with a particular central station.  Am I encouraging central station hopping?  No, but I am encouraging you to use central stations listed on The Alarm Exchange.  Why, for you, not me.  You get the added protection of knowing that the listed central stations are expected to deal with dealer issues and cooperate with a goal of resolving disputes. Those that fail to co-operate risk having their post removed from The Alarm Exchange.  That may not sound like a big deal to you, but check out The Alarm Exchange central station category.  Every major reputable central station is participating.  If your central station isn’t, move to one that is.  If you don’t, don’t bother complaining to me about problems you have with the central station; I have no relationship with that central station and won’t be able to make a call to resolve your issue.  
            So make some time to attend the webinars, by video or on your phone.  They will all be recorded and you will be able to view or hear them by visiting the K&K website and navigating to the alarm webinars:  https://www.kirschenbaumesq.com/page/alarm-webinars
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To order up to date Standard Form Alarm /  Security / Fire and related Agreementsclick 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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NOTICE:  You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles
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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