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Additional insured issue
October 31, 2019
Additional insured issue
            The subscriber is supposed to list the alarm company as named insured on their policy.  I suspect very few do this. If their insurance carrier or any third party sues the alarm company, the subscriber has agreed to pay for our legal fees.  Although, we may not want to point that out to our subscriber.  By listing the alarm company as named insured, the subscriber would protect himself from a suit by the insurance carrier but not from a suit brought by a third party.  If the subscriber asks why the alarm company should be listed as named insured, are there any other advantages to the subscriber that we could point out that might help alleviate their concerns?  Please list me as 
Name Withheld
            You have identified the dilemma and hit the issue right in the bull’s eye.  You want to be named as an additional insured.  If challenged by the subscriber, however, pointing out why it would be advantageous for the subscriber to name you as an additional insured will raise at least two issues:
  *  The subscriber’s indemnity obligation
  *  The subscriber’s waiver of subrogation
            If the subscriber hasn’t challenged the indemnity provision then it’s the subscriber who benefits from adding you as an additional insured.  Without the insurance the subscriber could be left holding the bag, not just for your legal fees and defense cost, but any damages you may have to pay.  The subscriber won’t have to be concerned with its insurance company’s claim because the insurer can’t sue its own insured for the loss. 
            Sometimes you have to give up the additional insured, and the indemnity provision.  Municipalities, for example, are typically prohibited from indemnifying its contractors, and the municipality may not carry insurance, at least not without a huge deductible.  
            You need to know when to give in on contract negotiations and when to stick to your contract provisions.  Because of all variables you should get legal assistance before making changes.  Seek advice to assist with the contract negotiations the moment you hit a stumbling block; a challenge to contract terms other than strictly business issues.  If you haven’t needed assistance with the contract negotiations then you are either unaware of the ramifications of the changes you have been approving, or you have a business model where you simply don’t make changes and move on to the next prospective subscriber.  
            The K&K Lawyer Concierge Program for the Alarm Industry is designed to give you the encouragement to get the legal assistance you need.  Discounts are given to Concierge Clients on contract purchases and all billable legal fees.  But perhaps the most important benefit is the $250 a month credit for subscriber contract review and negotiation.  That’s less than the Concierge Program costs, which is $145 a month.  Sign up today and establish the relationship with K&K as your house counsel and get the legal assistance you need for succeeding in the alarm industry.  Sign up on line or contact our Concierge Program Coordinator Stacy Spector, Esq., at 516 747 6700 x 304 or 
Party time:
K&K’s annual holiday party will be on December 5, 2019 at Pine Hollow Country Club in East Norwich, NY from 6:30 to 10 PM.  Casual Attire.  Space is limited so please RSVP by November 18, 2019 by emailing our office manager Amy at  
To order up to date Standard Form Alarm /  Security / Fire and related forms, click here:
You can check out the program and sign up here: 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