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camera and audio concerns / SARRG's rating March 16, 2018

KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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camera and audio concerns / SARRG's rating
March 16, 2018
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camera and audio concerns
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Ken,
    We use the 
All in One Agreement for Security and I have a few questions:
Liability for where a camera may be pointed (concerned that cameras may be repositioned after installation)
Responsibility for posting notification of recording
Legality of audio recording with visual (national or within the Ste of WA)
     Thanks for your time.
Jennifer 
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Response
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    The 
All in One agreement [both residential and commercial] cover all these issues sufficiently.  
    Equipment is not to be moved after it's installed.  You have no liability if it is moved.
    There are no posting requirements or responsibilities.  [anyone aware of any sign posting law?]
    audio and cameras are to be used lawfully, and that's your subscriber's responsibility.
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SARRG's rating
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Ken,
    We have been communicating with Rhett Butler at SAARG regarding our liability insurance, which renews this month.  We had not been able to entertain them previously because of their AM Best rating but now with Lloyd’s and the Risk Purchasing Group being able to write “A” paper we thought we could.   The problem that we are having now is that some of my larger clients also require the carrier to be Admitted and/or Licensed to do business in NYS (exact wording “All policies discussed above shall be written with insurance companies licensed and admitted to do business in the State of New York and rated no lower than A VIII in the most current edition of A.M. Best’s Rating Guide, and “BBB” in Standard & Poor’s”). From what we have been able to ascertain they are not.  This is particularly disturbing because SARRG appears to be, by far, the most cost effective way to go.  We are currently with The Hartford (whom in the past you have not regarded very highly in this forum).  We are considering other options but have not found anyone close in premium.  Our questions are as follows:
1.       Is Lloyd’s of London Admitted or Licensed in NYS, and if so would that suffice to cover me with my clients insurance requirements, even though SAARG may not be?
2.       Why isn’t SAARG Admitted or Licensed in NYS?  What does it take?
3.       How would you advise a company like mine to address this with its clients?  Is this something that can be overcome?
    We are hopeful that you or someone else on this list may be able to shed some additional light.
    I am confident that my company is not the only one being asked to satisfy these requirements so we need to know that this is a viable option.    
Thanks,
Mike    
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Response
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    Lloyd’s is non-admitted but yes they (and we) are licensed to transact business in all states including New York.  Lloyds should suffice for your insurance requirements.  
    Most insurance carriers are formed in a state and then get licensed in other states to sell insurance.  SARRG was formed as a Risk Retention Group under Federal law, not state law.  It had to get a license in one state and then was permitted to sell insurance in all states.  But SARRG has reorganized and now writes through Lloyds.  So its now admitted in all states and permitted to sell insurance.  If you are required to have licensed or admitted carrier I think SARRG will now qualify, but to be safe you can always present your policy to the subscriber for approval.
    Better idea is to use the 
Standard Form Agreement, which requires the subscriber to name you as an additional insured.
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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