KEN KIRSCHENBAUM, ESQ ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE You can read all of our articles on our website. Having trouble getting our emails? Change your spam controls and whitelist ken@kirschenbaumesq.com ****************************** alarm customer wants to retain K&K for burglary claim against alarm co December 27, 2025 **************************** alarm customer wants to retain K&K for burglary claim against alarm co **************************** I get these unsolicited calls and emails from time to time. I got an email today. Wealthy subscriber suffered burglary loss; alarm didn't work. Adding to this mess the wealthy subscriber allowed his homeowners policy to lapse; loss occurred during a 10 day period between one policy and a new policy. It happens to the best of us. The email I got had the story and attached the contract, a vintage K&K contract. The alarm company is one I have represented, not a Concierge Client, not an active client and not an alarm company I would count as a client. Nevertheless, it is an alarm company. In line with not being in the Concierge Program or maintaining a relationship with K&K the contract that the subscriber sent was unsigned. I'd say that was par for course with this company. Enforcing an unsigned written contract is of course harder, if not impossible. Let's just say, it's a bad start [for the alarm company]. This is a reminder, or wake up call, to all that your Kirschenbaum Contracts TMaren't much value to you if not signed, and signed properly. Sloppy practices like this will not only open you to a lawsuit but will, if the E&O carrier wakes up, get your E&O policy canceled; same for your central station, who would be just a stupid as you for monitoring your account when you didn't get a K&K contract signed by the subscriber [and by you, BWT]. So you risk losing your E&O coverage and your central station. If that's not enough motivation, how about this: your Kirschenbaum Contract TM, which would generally have a value of 35 times the RMR becomes, you guessed it, worthless. Not only won't a buyer pay for that contract but most reputable buyers of alarm accounts won't accept it at closing, even for free, because of the risk in continuing service after the closing. It's going to be a new year in 5 days. You should take those 5 days and think about what you do right, what you do wrong and how you can improve [or get worse if that's your preference or goal]. I guarantee that joining the Concierge Program is a worthwhile move; all you need to do is use it. Even if you don't, being a Concierge Client would have precluding me even considering taking on the subscriber case against the alarm company [which BTW I'd likely win], something I have never done in 50 years of practice. But, sometimes I get up on the wrong side of the bed, and as Archy McNally says, "one never knows, do one" [by Lawrence Sanders]. *********************** STANDARD FORM AGREEMENTS: To order up to date Standard Form Alarm / Security / Fire and related Agreements click here: www.alarmcontracts.com *************************** 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. *********************** WEBINARS: https://www.kirschenbaumesq.com/page/alarm-webinars *********************** ALARM ARTICLES: You can always read our Articles on our website at www.kirschenbaumesq.com/page/alarm-articles updated daily ******************** Wondering how much your alarm company is worth? Click here: https://www.kirschenbaumesq.com/page/what-is-my-alarm-company-worth *********************** THE ALARM EXCHANGE - the alarm industries leading classified and business exchange - updated daily ************************* PODCASTS: https://podcasts.apple.com/us/podcast/ken-kirschenbaum-presents/id1794851477 ************************* Getting on our email list / Articles archived: Many of you are forwarding these emails to friends or asking that others be added to the list. Sign up for our daily newsletter here: Sign Up. ************************** 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
