KEN KIRSCHENBAUM, ESQ ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE You can read all of our articles on our website. Having trouble getting our emails? Change your spam controls and whitelist ken@kirschenbaumesq.com ****************************** When on notice of actual event January 23, 2025 ************************ When on notice of actual event ************************ Ken: I’m thinking about the different scenarios when the alarm company is informed of an actual event and the subscriber is angry. With today’s SmartPhone and ability to ‘take pictures’ – how should we proceed so the pictures cannot be used against the alarm company? Should your office be contacted if we receive request by legal counsel for video or other matters pertaining to the alarm system and the event. Do we have attorney-client privilege when communicating with you? Wandering minds wondering…………. Respectfully, Joseph (Joe) Pfefer, Founder & C.E.O. (Chief Encouragement Officer) Jade Alarm Co. **************************** Response **************************** Some, probably most, subscribers will be upset if they suffer a loss by fire, burglary, etc, [something caused by what they believed the alarm was supposed to warn against – if not protect against]. Some subscriber with adequate insurance may not be phased by the loss, though you better brace yourself and expect to hear from the subscriber’s insurance carrier, eventually. It’s a good idea to get legal guidance in these situations, especially if you sense that you or the central station may have made some mistake. Your first order of business will be to contact your E&O carrier. The smart carriers will want to know about the event right away, not requiring you to wait for a formal claim or lawsuit. The dumb carriers will tell you to let them know if you get a lawsuit. For the dumb carriers, notify them anyway and simply tell them you are putting them on record of the potential claim. It’s the dumb carriers who will later claim there is no coverage for any reason they can come up with, and late notice of claim doesn’t need to add fuel to the fire. Notifying the carrier serves another purpose. If you really do need legal advice on how to handle inquiries and how to properly prepare for what is certain to be a claim, you need to ask your carrier to provide that legal advice. You can ask them to hire K&K, and if they don’t know who we are or resist, that’s a good sign to start looking for another carrier. Communications between you and your attorney are privileged as long as they stay private between you and your attorney; that includes me if I am your attorney. Communications with your carrier or your broker are not privileged and discoverable in a lawsuit. I’ve outlined steps to be taken if your subscriber does suffer an event. Check prior articles for those details. **************************** STANDARD FORMS Alarm / Security / Fire and related Agreements click here: www.alarmcontracts.com *************************** 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. *********************** ALARM ARTICLES: You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles updated daily ******************** THE ALARM EXCHANGE - the alarm industries leading classified and business exchange - updated daily ************************* Wondering how much your alarm company is worth? Click here: https://www.kirschenbaumesq.com/page/what-is-my-alarm-company-worth ****************************** Getting on our Email List / Email Articles archived: Many of you are forwarding these emails to friends or asking that others be added to the list. Sign up for our daily newsletter here: Sign Up. You can read articles and order alarm contracts on our web site www.alarmcontracts.com ************************** 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