KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Insurance needs for auto / Can you negotiate customer's form agreement

July 28, 2021
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Insurance needs for auto
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Ken,
            Apart from auto insurance what is the best way to reduce or avoid liability that arises from company vehicles getting involved in accidents?  Do any of the below options help?  These large billboards that say ‘Hit by a company truck, call us so we can get you millions of dollars’ are scary for business owners.
 
1. Register company vehicles and employees under a separate entity (Inc or LLC) and own the alarm accounts and company assets under a separate entity?
2. Is getting an umbrella policy of any help? (Not sure if this is a question for insurance agents)
3. Have techs own their own vehicles and subcontract instead of full time employees. (Kinda complicated and a hassle I guess)
            What are your thoughts?
Please keep it name withheld in your newsletter.
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Response
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            I think number 2 above is the only right answer.  Get more coverage if you're concerned.  I think in today's world you should have at least 5 million coverage. It doesn't matter if it's primary or excess as long as it's available.
            Employee owned vehicles won't work because as the employer you're still liable.  You shouldn't be disguising employees as subcontractors.  If the accident is terrible enough the lawyers will peel right through that onion.
            You can shop around for auto coverage; it's not specialized as alarm E&O.
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Can you negotiate customer's form agreement
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Ken
            We were asked to sign our large customer's contract. I had Ken negotiate with my potential customer. The vendor wanted crazy things like “ if any of our  employees were on sight we were responsible for  any problems that occurred anywhere  in the building “;  it was a 5 story building and we were bidding on a fire alarm system.
            Ken took care of everything and we received the job.  The best money ever spent!  Thanks Ken…………
 George
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Response
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            Thanks for giving me and K&K the opportunity to assist you.  The Concierge Program is the best deal in town for using the most experienced lawyers in the industry to assist you contract negotiations; you get half hour free each month.  Join the Concierge Program today.  Call our Concierge Program Coordinator Stacy Spector,Esq at 516 747 6700 x 304 or email SSpector@Kirschenbaumesq.com
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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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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