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can you notify the subscriber's insurance carry that monitoring is terminated June 2, 2018

KEN KIRSCHENBAUM, ESQ 
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE 
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can you notify the subscriber's insurance carry that monitoring is terminated
June 2, 2018
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can you notify the subscriber's insurance carry that monitoring is terminated
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Ken,
    We got our  contracts done by you and I have a quick question.
We do a lot of builder work and have clients that are playing the monitor game of, I want month to month monitoring and I need the certification of monitoring. Then, within the first month, they are canceling their monitoring.
    Can we legally ask for the clients homeowners insurance company name and account number to send the certification of monitoring to, instead of giving it to the client. Then when they cancel, we can notify the insurance company of their cancellation?
RS
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Response
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    There is nothing in the Standard Form Agreements that mentions anything about you issuing a Certificate confirming monitoring services.  I mention that first because it means you can issue that certificate on any terms you wish, and those terms can certainly include the right to notify the insurance company that monitoring services have terminated. 
    The certificate itself would be a great place to put that "right" of notification.  A better question may be, do you have an "obligation" to notify the insurance company.  It might be a good idea to make that clear on your certificate.
    For example, the certificate could read:

  • This certificate confirms that monitoring services are being provided as of the date of this certificate.
  • This certificate confirms no rights to any insurance company or any party, and is issued simply to confirm that monitoring services are currently being provided to customer.  We will not provide any notice to any party in the event monitoring services terminate.
  • Though this certificate confirms no rights on any insurance company or other party, we will notify any person or party to whom this certificate is addressed that monitoring services have terminated
    The above are just a few provisions that you can consider.  You can develop your own provisions and include them - after all, it's your certificate and you can set the rules for when or how you will issue the certificate and include what you will or will not agree to do if things change.
    You may also want to reconsider allowing your customer to sign a month to month monitoring contract.  I hope you got enough profit on the installation.  Use the All in One Agreements.  They provide for a term of 5 years for residential and 10 years for commercial.  You will still have to deal with a certificate and termination, but at least it will be after a term of more than one month.
 
 
 
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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