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 ****************************** Another comment on non-working cameras preclude insurance claim coverage July 10, 2025 ********************* Another comment on non-working cameras preclude insurance claim coverage from article on June 25, 2025 ********************* Ken Interesting article. What if a neighboring jeweler had only a working intrusion alarm and no camera system? Their level of security is identical, if not similar, to their neighbor with intrusion and a non-working camera system. I imagine the insurance company would not have grounds to disclaim coverage to that jeweler. Given a security solution is a layered system of components that reduces risk up to a certain tolerance level, balanced by a level of affordability, tolerance levels and affordability change. Beyond defining whether a burg system is required, aren't the layers up to the business owner? Some prospects I have approached to replace their non-working camera system felt the cameras still served as a deterrent (like a dummy camera) and therefore met their tolerance level and/or affordability. I am curious if the jeweler had removed the non-working camera system and simply maintained their intrusion camera system, if the insurance company would have had a case, assuming the jeweler never enumerated the detail of their layered security system prior. Great insight and gives a new reason to strike up a conversation with prospects hanging on to broken systems. Kenny B ******************** Response ******************** You need to refocus the issue. The issue isn't the adequacy of the security. The court's decision didn't address that issue, which security experts can debate. The issue here was the integrity of the contract, in this case the insurance policy. Absent some exceptions, parties to a contract are free to dictate the terms, and they are expected to comply with those terms. In this case the obligation to provide the insurance, to cover or reimburse for a loss, was conditioned on a working "security system". When the customer-insured represented it had a working security system it included not only the intrusion system but the camera system. I don't know if the insurance carrier required any particular equipment, such as the cameras, but clearly cameras were included in the description of the security system when the carrier was considering underwriting the risk and issuing the policy; the carrier included a condition precedent to coverage, the security system working. The customer-insured agreed to the terms of the contract-policy, and this court enforced the plain language of that contract. All of you in the alarm industry rely on written contracts and expect that the contracts will be enforced as written. Using the Kirschenbaum Contracts TM will provide the protection you need; keep the contracts updated. ********************* 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
