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Bathroom cameras and loss of your insurance / comment on who owns the wiring / Sign up for Free Webinar - see details below
February 13, 2021
Bathroom cameras and loss of your insurance
            Regarding your most article on cameras in bathrooms and other private areas, your readers should know that General Liability insurance policies include a waiver for illegal acts.  That said, if an alarm dealer were to be sued for installing a camera or cameras in areas that are legally designated as private, their insurance provider may have the option of denying coverage, including defense costs.  
Rick Gombar
Bolton Insurance Services
            Excellent point.  Not every jurisdiction is crystal clear on whether an alarm company can install cameras in bathrooms and other private areas, though some do make it a crime.  You need to know if you are committing a crime by installing cameras or audio where they are not legally permitted to be.  Some states make it a crime only for the owner or occupant, but not the installer. 
            That said, trust me, you don't want to end up in the local paper as an installer of bathroom cameras.
            Rick's point about loss of your insurance coverage is correct.  You cannot get insurance to protect against illegal acts.  Technically you can't get coverage for gross negligence, but most alarm industry insurance carriers won't disclaim on that basis only the gross negligence is pleaded with facts alleging willful intentional conduct.
            Operating your alarm - security - fire - guard - business presents legal challenges on a regular, perhaps daily, basis.  There are different ways to handle these issues, and I won't mention the long list of dumb ways, and the best way to is have legal counsel on staff, house counsel.  The second best way is to join the K&K Concierge Program for alarm industry clients. If you're not sure about house counsel or making K&K your house counsel I'll give you a hint which way to go.  Plenty of alarm house counsel rely on K&K for advice, and you can't get house counsel for $145 a month, but you can become a K&K Concierge Client and get the next best thing to house counsel.  Call our Program Coordinator, Stacy Spector,Esq, at 516 747 6700 x 304 or email her at 
Comment on who owns the wiring from article on February 6, 2021
            Regarding Joseph and who owns the wiring:
            I'm sure that you have in your contracts how to handle a situation in which a lease has ended and the owner insists that the equipment and the wiring be removed. Many jurisdictions require that old wiring be removed.  But, the owner also insists that the holes in the wall where the keypads were mounted also be patched and repainted so it looks as good as new. Also, those holes in the ceiling need to be filled and the acoustic tile replaced, etc., etc.
            I would assume the dealer would not have to do that?
Gary Dawkins
            Your observations raise valid concerns.  Unless you have a Kirschenbaum Contract ™ my bet is that you won't be properly covered or protected.  If you do have the Commercial Security All in One Lease, the Fire All in One Lease and the Residential All in One Lease, you won't have the concerns raised above. 
            The Standard Form Kirschenbaum leases have unique provisions that I have not seen in the rip off versions or any other contracts in the alarm industry.  Most proper alarm contracts do have provisions that will not require repairs after removal of equipment.  But the Kirschenbaum Contract ™ leases have an option to sell the installed equipment to the customer, so that the equipment does not need to be removed nor is it abandoned for no value.
            You don't have a Kirschenbaum Contract; but you do lease and you don't have the provision I mention?  Well, that's just one more reason to order your new contracts today.  Don't wait until you'll be sorry, because it's already getting too late.  Need assistance?  Call our Contract Administrator Eileen Wagda at 516 7478 6700 x 312 or

Webinar announcement: Register now for this informative webinar
Title:  Forensic Analysis of Non-Conforming Control Panel(s); the UL issue
When:  February 16, 2021 at 12 PM noon ET  1 hour.  Will be recorded
Topic:  Analysis of risk if using control panels that don't meet UL and NFPA standards
Presented by:  Jeffrey Zwirn and  Merton Bunker, PE former NFPA employee and Staff Liaison for NFPA 72
Hosted by: Ken Kirschenbaum,Esq
Who should attend:  Alarm company owners, AHJs, Nationally Recognized Testing Laboratories and manufacturers

Sign up here:
NOTICE:  K&K has two clients looking to sell alarm accounts.  One company is near Orlando FL and the other outskirts of Miami FL.  More details in The Alarm Exchange in the Merger and Acquisition category.

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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