KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Comment on Dealer and CS decide to pay for subscriber’s burglary / should cs report jamming
/ register for webinar 

December 16, 2024
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Webinar TOMORROW- last day to register.  Dont miss this important webinar
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          K&K will present a free webinar 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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Comment on Dealer and CS decide to pay for subscriber’s burglary loss from article on December 4, 2024 / should cs report jamming   
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Ken,
           I am curious about the alarm system failure that "name withheld" had with the 2GIG system.
           I’d like to know if that system had sensed an RF jamming issue at the time of the break-in; Was the system enabled for RF JAM detection?
Since most of the wireless transmitters operate in the 430Mhz band and since radio equipment to transmit in that frequency band is abundantly available, especially on Ebay, it might have been possible that since the alarm did not work while the intruders were coming in, that they may have been jamming it until they wanted it to alarm while they were leaving. A high powered transmitter (maybe 5 watts RF output) transmitting a white noise scratchy audio on the center frequency of the 2GIG receiver, may have been the cause and blocked the 2GIG receiver from hearing the door transmitter signal. Especially since the door contact worked when it was installed and tested at that time. 
                  Typically, most security alarm wireless devices have a transmitter power output that is very low in the milli or even micro watt region. That door contact may have even been properly supervised every four hour or so by the main 2GIG system. Even if the system did send in a RF JAM detection signal it would be interesting to see how the central station would have handled it. Most centrals might just log it and take no action or possibly text it to the customer who might not know what an RF jam signal is was or how to respond to it. I doubt it would have been dispatched to the police. But now with a loss, it would have been a good dispatch.    
    Name Withheld here too
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Response
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          Sounds like you’re ready to be a forensic alarm/security expert. 
          I leave the technical analysis to you and other experts; I certainly don’t have the information to respond.  But you do raise an interesting issue that affects monitoring coverage and liability; are systems designed to signal jamming interference and how should the central station deal with that signal? 
          It’s easy to answer that question in hindsight in view of this case.  I don’t however know if the technology exists to report jamming.  Perhaps it’s just another communication failure signal, which isn’t usually treated as requiring dispatch or immediate notification. 
          Hopefully others will comment on this.
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another comment
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Ken
    Re: Dealer NCS decide to pay the subscriber:

    Since it was established based on the timeline it's clear that some if not all of the responsibility may be on the manufacture-in this case 2GIG.
    I think it definitely would've been prudent to get them involved in any sort of settlement discussion but there could be another factor which was missed here    That factor could indeed be related to a jamming device that the intruder may have used to gain entry which may have jammed the wireless signal of the 2GIG 'takeover module' given the fact that it failed upon the intrusion but operated on the intruders exit.
    I haven't really read a lot about what our industry is doing as a whole to thwart jamming devices of security systems but it seems to be more and more prevalent and clearly we should not put our heads in the sand and be discussing it openly with hopefully some creative solutions for same.
    Would love to hear from others on this.
    Thks,
Dan
Security One

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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