KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Multiple fire tenants  / Start-up license issue  / Comment on settlement when it’s not your money
August 8, 2019
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Multiple fire tenants 
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Ken 
            Our multi-building client is insisting that we need to bill (and contract) each building tenant separately.  Despite the code references, the AHJ has stated they are good with it.  The complication lies in a building with two or three tenants in it.  Who should sign?  They’ve indicated non-renewal if we don’t do this and I don’t want to lose 18 fire accounts. 
TB 
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Response 
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            I don’t see the issue.  You will have 18 separate Fire All in One agreements with 18 different subscribers.  To the extent they share any components you will indicate that in the Schedule of Equipment and Services.  As long as the AHJ is good with the configuration of the systems you are good to go.
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Start-up license issue
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Ken
            I am in the process of starting my own alarm company here in California. While I am waiting to get my licenses from the state and bsis, is it possible to get contracts and have clients sign those contracts. I am planning to work under someone else’s ACO license until mine is received. Is there any issue with doing it this way?
  Thanks,
Name withheld
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Response
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            Before your new entity [hopefully a corporation with sub s election] enters into any contracts or performs any services, the entity needs a license.  If you have a license holder who applies for a license for the entity then you can operate.  Your license qualifier should have a Qualifier Agreement with your company, even if only for a short duration until you get your license and can qualify as the license holder for your business.
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Comment on settlement when it’s not your money from July 31, 2019 article
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Ken
             Once had an insurance carrier settle a claim for which we bore no responsibility. It involved a low fuel alert and then, several hours later, a low temperature alarm.  We notified the fuel company, home owner, neighbor and caretaker a dozen or more times over two days. We knew the house was in trouble. Cold winter, pipes burst, lots of damage.  All conversations were documented and recorded.  When the carrier paid them, I blew my top. Turned out the recorded conversations never made it up the chain at the carrier.  They agreed to issue a letter saying that the settlement would not appear on any loss runs or affect my premium.  I was still miffed, but I knew it wasn’t in my power to direct how they settled a case, even when we were as innocent as a new born babe.  
Jean Levenson
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Response
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            One more problem with insurance company assigned defense counsel is that they are not particularly comfortable staying in touch with you, the insured.  They don’t know the case or the law as well as you do; they don’t care as much as you do; they are technically your counsel, but they answer to the insurance company.  
            That letter your carrier offered is probably not worth the paper it’s written on.  I’d be surprised if they claim isn’t on your loss run.
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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