KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Question re cs listed on The Alarm Exchange / Follow up on can you subcontract work
February 23, 2019
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Question re central stations listed on The Alarm Exchange
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Ken
            Do you know anything about any of the monitoring stations listed on your site, The Alarm Exchange under the central station category?  Lawsuits against them, issues, problems?  The one I am currently with is constantly overcharging and I need to review my options.
            Have you ever sued a central station?
Name withheld
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Response
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            All of the central stations listed on The Alarm Exchange have been vetted as legitimate experienced monitoring centers.  They are also supposed to be “dealer” friendly and approachable [by me] in the event of a disagreement with a dealer.  
            Of course I have closer relationships with some of the monitoring centers, and not all monitoring centers are as cooperative as I’d like, though none are unreasonably uncooperative.  If it got to that point I would de-list them from The Alarm Exchange.
            By the way, that doesn’t mean that the dealer is always right; sometimes the dealer is wrong and I’ve “sided” with the monitoring center.  Other times I’ve assisted in working out differences [almost always without charge, now that I think about it].  
            The wholes central station business is very competitive and dealers shouldn’t feel locked in to a central station, especially if the breakdown in relations is affecting the dealer’s customers.  In all fairness, central stations are also not locked in with a dealer that the central station doesn’t want to continue doing business with.  
            I can’t recall if I’ve sued a central station.  It would be rather egregious conduct that would motivate me to bring that kind of action [or an obscene fee].
            If you’re having a problem with a central station listed on The Alarm Exchange give me a chance to smooth things out.
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Follow up on can you subcontract work from February 14, 2019 article
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Ken     
            Continuing with sub-contractor question, how does liability coverage work with sub-contracting sprinkler companies if we only carry liability for fire?   I’ve had this question with my insurance carrier and they say we are not protected even if I receive a Certificate of Insurance from sprinkler subcontractor. 
Jeanine 
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Response
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            I am at a loss with this question and maybe an insurance broker can provide a better response.  Please do.  I think you are saying that you are insured for fire but not something else, and the something else is being performed by your subcontractor.
            That doesn’t make sense to me.  You have to be insured for any work you contract to do, whether you do it or you subcontract it out to a subcontractor.  An alarm company is not a General Contractor.  The alarm company must be licensed for any work it contracts to perform, including work it intends to subcontract to another company.  That’s why alarm dealers need their own alarm license in any state that included monitoring in its definition of covered alarm services, even if the monitoring is subcontracted to a wholesale monitoring company who is licensed, hopefully.  
            But what is curious is your statement regarding the Certificate of Insurance provided by your subcontractor.  If you are added as an Additional Insured on the Certificate then you have the coverage afforded by the policy, even if you don’t have your own insurance policy.  
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THE ALARM EXCHANGE

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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
516 747 6700
www.KirschenbaumEsq.com