KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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more on service people not leaving damaged equipment behind when insurance claim is made
July 1,  2024
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more on on service people not leaving damaged equipment behind when insurance claim is made from article on June 4, 2024
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Ken:
            Jim of Certified Alarm is absolutely correct.
            I had a case where the burglars knew where high end restaurant’s alarm equipment in the back room was located.  Penetrated the roof and destroyed the alarm equipment (radio transmitted a tamper signal and we dispatched PD & RP).  The thieves were targeting the pristine liquor & very expensive wine room and probably the safe with the overnight receipts as the attack occurred early Sunday morning. About a WEEK was spent trying to put everything back together (extensive burglar & fire alarm system). The insurance adjuster called the manufacture of the panel and began INTERROGATING the poor tech support kid (had be fresh out of tech school, maybe 18?) and finally got him to say maybe a day to install an alarm system.  This child had absolutely no idea what he was talking about and luckily the alarm manufacture recorded all phone conversations.
            We ended up getting about 60% of our billing.  The manufacture ended up with a lot of egg on their face! AND a MOST unhappy Jade Alarm Co. owner. I wish I had known about ‘independent adjusters’ – one of the reasons to keep viewing your blog site!!
            THANK YOU FOR PROVIDING THIS FORUM TO HELP THE WHOLE INDUSTRY!
  Respectfully,
Joseph (Joe) Pfefer, Founder & C.E.O.
Jade Alarm Co
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another comment
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Ken
            I agree with most of what Jim says. I will say that in my 50 plus years in this crazy industry, most insurance companies will start the clock on a surge claim at the time of the occurrence. The file stays open for 6 months. The problem is the customer waits to see how much damage there is at the time of the hit. They need to call their agent immediately and register the date of the hit to start the clock. If they do not reach their deductible, then no claim goes in. A power surge nibbles at chips and weakens them. It may take months for the device to fail. If you are into surge protection, the best TVSS system manufactured in the US is Thor Systems, Richmond, VA. Check out their website.
Stan Corn,
Alarms, Inc
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Response
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            While you should contact your E&O carrier of any potential loss, and certainly an actual claim, whether it’s a letter or summons and complaint, you need to stay in the mix and make sure your interests are protected.  That is especially the case if the claim exceeds your insurance coverage.  You have more at stake than the carrier; you are far more knowledgeable about the industry and the claim than the carrier and the defense attorney the carrier may retain. 
            When in doubt or uneasy, call me.
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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