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Who can view your subscriber’s video / Insurance – are you protected from indemnity / Schedule Free meeting at ISC / Round Table Discussions at ISC
February 19, 2020
Schedule Free Private meeting while at ISC with Ken Kirschenbaum
            I am scheduling free meetings at ISC now for March 17, 18 and 19, 2020. The meetings are free and scheduled in half hour increments.  Any issues can be discussed or just stop by to chat.  To reserve a time please contact Stacy Spector,Esq at 516 747 6700 x 304 or

Round Table Discussions while at ISC, at Palazzo Hotel.  Free to participate.  Space very limited so book now.  Call Stacy Spector,Esq at 516 747 6700 x 304 to reserve your seat.  [other topics may be announced]
Round Table:  March 18, 2020 at 11 AM.  Join Morgan Hertel, VP of Technology and Innovation, Rapid Response Monitoring and Ken Kirschenbaum for a round table discussion on ​current state of monitoring including technology and well as outside influencers like minimum wages and privacy laws. 
Round Table:  March 18, 2020 at 1 PM.  Join Mitch Reitman and Ken Kirschenbaum for a round table discussion on Taxes and Corporate issues for alarm companies relevant when selling or buying accounts. 
Round Table:  March 18, 2020 at 2 PM.  Join Ron Davis and Ken Kirschenbaum for a round table discussion on Selling or buying alarm accounts and RMR issues.
Round Table: March 19, 2020 9:15 AM  Join Troy Iverson, VP of Sales, Brian Davis, CFO of AvantGuard Monitoring Centers and Ken Kirschenbaum for a round table discussion on the Current state of the Financial/Capital Market Stability in the Security Industry and necessary agreements needed for security companies. (Titian 2202 Meeting Room just off the show floor)

Round Table:  March 19, 2020 at 1 PM.  Join Sharon Elder, VP Sales, USA Central Station and Ken Kirschenbaum for a round table discussion on the value of quality video contracts and services
Round Table:  March 19, 2020 at 3 PM.  Join Bart Didden, Executive Claims Administrator, Security America and Ken Kirschenbaum for a round table discussion on ​Errors and Omissions Insurance Claims and Risk Management

Who can view your subscribers video
            Good morning.  Monday morning an incident happened where i forgot to remove my 200.00 from the ATM machine rushing I grabbed the card only inside a deli grocery store a young lady proceeded to use the ATM machine after me by time I realized what happened she had left no other customers  were in the store so it’s not an assumption it’s a fact she stole the 200.00 I called NYPD the store stated only the owner can view the video footage but he wasn’t available so I could only file a complaint my question is can I hold the store responsible for not showing cameras to prove a crime was committed?
Sent from my iPhone
            I received the above question from someone who must have mistaken me for “free legal services to the public”.  I didn’t respond.  But the question raises an interesting conversation for alarm dealers because every subscriber who installs cameras will have the same question, who has a right to see the video?
            While a NYPD officers may not be the final authority, I think this one was correct.  A customer or passer-by has no right to demand production of the video data, at least without legal process.
            So who besides the owner can compel production and viewing of the video?  Police in the course of an investigation, though a warrant would likely be required.  Legal process can also be instigated by an attorney licensed to practice in the state where the customer is located.  Lawyers are officers of the court and authorized to issue subpoenas and summons.  Your subscriber, served with a lawful warrant or subpoena or court order would have to comply; so would you if you have access to the video data.  
            The All in One Agreements have a provision that you’re going to like.  The contract provides for you to be paid for your time for producing documents and data, and for testifying.  Unfortunately the payor is your subscriber, not the one asking.  
            If faced with a subpoena from someone other than your subscriber, don’t be shy about asking the lawyer who issued the subpoena for compensation, in advance.  The attorney will usually be willing to buy your cooperation.
Insurance – are you protected from indemnity
            Great information all the time. I have received my renewal for alarm insurance from Security America. I sometimes get confused on what I really need to protect me and my company.  Do you offer suggestions to better to protect myself? 
            I do have your contracts. My jobs are getting a little bit bigger and just want to make sure I am properly protected.  Your help will be greatly appreciated. 
Thank you,
 Paul G
            You are covered for general liability and alarm industry E&O.  But I don’t see “contractual indemnity” on your dec page.  You need to question that.
            While the Standard Form Agreements [which you wisely use] requires the subscriber to procure insurance naming you as an additional insured, there are probably times when you are required to indemnify the subscriber and others in order to get the job.  You need to backup your indemnity with insurance from your carrier.  There are two ways to do that.
            One is to make sure that your policy covers you for all your indemnity obligations arising out of your work.  It would act as a general blanket for any indemnity demand you are hit with arising out of one of your contracts for your services.  Some E&O policies offer the Contractual Indemnity, but you may have to ask for it.  So ask for it, especially if it’s no extra charge.
            The other way to backup your indemnity is to name your subscriber as an additional insured on your policy.  In that case, your subscriber can look directly to your insurance carrier for indemnity, and so can you.
            Insurance brokers are welcome to comment.

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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