KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Any way to reduce length of the K&K Contracts /don’t miss today’s webinar
December 18, 2024
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Webinar TODAY- last chance to register. Dont miss this important webinar
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K&K will present a free webinar today, on December 18, 2024 at noon ET on essential issues regarding E&O insurance coverage. Be sure to attend or watch the webinar on the K&K website once updated.
Register here: https://attendee.gotowebinar.com/register/5871022000598911321
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Title: Application for E&O coverage and related issues
Presented by: Shawn Iverson of The Insurance Center
When: December 18, 2024 at 12pm ET. Webinar will be posted on K&K website https://www.kirschenbaumesq.com/page/alarm-webinars
Who should attend: Owner, GM, risk managers
Topics to be covered:
Do you really have E&O coverage? Is there difference between general liability, professional liability, completed operations and Errors and Omission coverage?
Do all carries purporting to write E&O coverage for alarm/security companies understand the coverage
How important is detail in response on the application or renewal application
What are implications for less than accurate response to application questions
Do all carriers handle claims the same
How should you rely on your insurance broker and are they all the same
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Any way to reduce length of the K&K Contracts
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Ken,
Thank you for sharing these "situations", they are more helpful than not.
I do have a question though, we used the K&K agreements for years but customers constantly pushed back because of the number of pages. They always said getting an intrusion system with monitoring shouldn't take as much paperwork as getting a loan. My staff then started to agree and constantly griped about having to deal with the length of the agreements and the customers complaining.
I understand the reasoning to have the tight agreement for legality reasons but I also understand the complaints. Is there a happy medium?
Do you or your staff offer a review and upgrade of our existing agreements that are a one page (front and back)? In addition to our page we do include an electronic signature acceptance (if applicable) as well as the required ADC page (if applicable) and a request for autopay form. This creates 3 full pages max, it lessens the complaints but my concern is the protection of it. Can you help?
Thank you!
Robin
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Response
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I am certainly happy to hear that the articles are “more helpful than not”, even though that doesn’t sound like such a great glowing endorsement. Only kidding, I hope.
Your question sort of reminds me of the question I get regarding “how long will it take you to read the contract [usually when I haven’t even seen it], or can you tell me how much it will cost to read it”. My favorite response is, “just tell me how much you want to pay for the service and I’ll just stop reading when I get to that point ….”
Which paragraph, sentence or word would you like to omit from the contract? Certainly we can eliminate paragraphs that discuss services you do not offer; guard response as an example; or cameras; or fire alarm components; or access control. But, removing these provisions will limit you in the future if you want to offer that service or you’ll need a new or separate contract. More importantly removing a paragraph or even several is not likely to reduce the contract size enough to satisfy your customer, your salesman or perhaps you.
Every provision, sentence and word in the Standard Form Agreements are there for a reason. I am sure we could cut a few things, but not enough to make it worthwhile if length is your concern. K&K also sends you the Standard Form Agreements in the correct format, layout and font size; that too is not willy-nilly, but by design to comply with laws in your state. You should not be changing any of the layout or font.
Moving to an electronic format and execution will make a difference since the presentation is very different.
You are not alone having issues getting your contracts signed by your customers. It's not everyday that a customer is presented with a contract that says the contractor is relieved of all liability, including if the contractor is negligent. And that's just the surface issue; from their perspective it gets worse, at least until they understand why the contract reads as it does and how it actually makes sense and is OK to sign. The Concierge Program was designed to address this common issue and problem alarm companies face. Concierge Clients get a free half hour each month for contract review and negotiation, contract modification to satisfy the customer's attorney. This benefit alone makes the Concierge Program well worth joining. The Concierge Program costs only $145 month or $1595 for the year. The free half hour each month is worth $4800, and other benefits include 10% off contracts and 10% hourly billing charges. You also get free 15 minutes each month for Employment issues. The Concierge Program will save you a lot of money, pay for itself, and even more important, it will encourage you to get legal advice and guidance, at no charge most of the time for those "quick questions". I strongly suggest you join today and start taking advantage of the Concierge Program immediately.
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STANDARD FORMS Alarm / Security / Fire and related Agreements
click here: www.alarmcontracts.com
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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.
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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
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