KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Duplicate insurance / Problems removing old equipment
January 9, 2020
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Contract Sale -Only 1 day left  - Sale ends tomorrow
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         Contract sale ends tomorrow - January 10, 2020, at midnight EST.  Don't miss your chance to save thousands.  This will definitely be the best deal of 2020.  Changes have been made and you should check with our Contract Administrator, Eileen Wagda, at 516 747 6700 ext 312 to see if your form needs updating.  We starting adding the updates several months ago so you may be up to date. Keep in mind that our updates are free for 6 months and half price for 12 months***.  Updates will be prepared and sent out after the new orders are processed.  The sale ends January 10, 2020, so please be patient.  When you place the order the full price will come up.  We will apply the discount manually when we process the order.  Contracts will be delivered by email only.

Here's the deal:
    Buy 1 Residential, Commercial or Fire All in One and get $100 off and $50 off Disclaimer Notice
    Buy 2 All in One forms and get $100 off first and $200 off second and $75 off Disclaimer Notice and $100 off alarm.com rider.   Save up to $475.
    Buy 3 or more All in One forms and get same as above and $300 off the third form and $400 off the fourth form.  Save up to $1175.00 [Residential, Commercial, Fire, Home Automation]
    Commercial Mobile Surveillance Lease $1000.  Save $500
    The Fire All in One with Security Rider $1250.00.  Save $325.00  Add the Commercial Fire All in One and the Commercial All in One and get $200 off each.  Save $800.00
    Qualifier Agreement $1200.00   Save $300.00
    Nationwide DIY with monitoring.  $3500.00  Save $1000.00**
    Nationwide PERS with or without GPS tracking. $3500.00  Save $1000.00**
* Your order must be placed on line at www.alarmcontracts.com and received by our office no later than January 10, 2020 by midnight EST.  Orders must contain valid credit card payment and be processed; you will receive confirmation.  
Fill out the order form; the full prices will show and we will apply the discount before processing the order.  Orders arriving after sale ends will be processed at regular published rates.  Orders will be processed in order received.  Rush orders, delivered by email within 48 hours, add 15% - call Eileen to process.
Concierge Clients will receive their Concierge Program Discount on the Sale Price.  Sign up for the Concierge Program before placing your contract order to receive the additional discount.


** Does not include consultation or modification
     What's our Guarantee policy re updates?      
Free updates within 6 months of purchase***      
Half price within 6 months to 1 year***  
*** applies to original purchase only
To check if you need or are entitled to an update contact our Contract Administrator Eileen Wagda at 516 747 6700 x 312.  Free or half price orders are processed after full price or discounted orders are processed.

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Duplicate insurance
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Ken,
        What happens if you have the same coverage from two companies and a claim?  I heard that neither company will pay saying it is the others responsibility.
          Two years ago I had an H&NOA policy through the company that insures my business vehicles.  The agent changed and the new agent was really messing things up and I requested to change agents, but, for some reason the H&NOA was still an issue.  I checked with the business GL carrier and found I could get the H&NOA added, simple, but, the original was a problem to cancel, it was sent to a different agent, and believe it or not, I could not communicate with them, they only spoke Chinese (an issue that comes up with businesses in Flushing). Since there were only a couple months left until it ended I just let it go.  However, I was told, had there been a claim, neither company would have paid out.  
          Duplicate insurance coverage is actually common, especially if your subscriber has complied with the insurance procurement provision in the Standard Form Agreement.  You will be able to rely on the subscriber’s insurance and your insurance, and the two companies, if they are different, will have to sort out primary and secondary coverage.
Jeff
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Response
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          The insurance brokers on The Alarm Exchange may wish to weigh in on this one, and, by the way, you should be using one of these brokers, all of whom speak English, with varying degrees of eloquence.  
          Having duplicative coverage will get you double coverage, not “no” coverage.  It may take some time for the carriers to sort out who is primary, but the way you describe it, both would be and they would probably agree to share the cost once these figured out which defense attorneys to hire; the cheapest no doubt unless one is related to the claims department head.  
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Problems removing old equipment
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Ken
          We end up doing quite a lot of takeovers.    Can you add something to the contracts about removing old equipment?   We remove old equipment to reuse locations and some owners don’t realize they are tied to other units and or areas.    For example, we just did a takeover and the customer had no idea that the system they had us remove also controlled their unit next door via wireless keypad and zones.  It would be nice to have something specifically called out about removing old equipment.   Thanks for all your help over the years.   
Matt
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Response
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          The ink isn’t dry on the 2020 updates and the suggested changes are starting again.  This is why contracts are regularly updated.  However, this won’t be one of the updates, not yet anyway.  I think this can be addressed in the Schedule of Equipment and Services, and it can also be addressed in the Disclaimer Notice, which deals with “takeovers” explicitly.  
          Removing equipment does raise a few issues.  The first is whether the subscriber actually owns the equipment; maybe it’s leased.  Try removing AFA Protective equipment and see what happens.  Try removing leased equipment when the Standard Form Lease is used.  That lease will have an agreed value of the equipment and the subscriber will be liable for that amount, reduced by the liquidated damage provision in the lease.  So you won’t be sued, but your customer will be sued.
          Subscribers should know how their equipment works and what’s connected to it.  Of course many don’t.  But what obligation do you have to survey an existing system to determine what it covers and how it works?  How can you recommend removing the old system without ascertaining its functionality?  If you have trouble answering these questions don’t be too concerned; the Standard Form Agreements will still provide contractual protection shielding you from liability, though may not help with your customer relations.
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To order up to date Standard Form Alarm /  Security / Fire and related forms, 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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NOTICE:  You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles
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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