KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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can you use video footage on your website / Comment on Can you sue your insurance broker
May 21, 2018
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can you use video footage on your website
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Ken
I have a doctor's office. Alarm & Camera System and client is under the Kirschenbaum TM All in One contract. There was an event in which a perpetrator was recorded using a large knife to disable one camera and carved his way through a door. The alarm went off and he was scared away. The Police showed up and made clips for identification and prosecution.
Can I use this video image on a Facebook Page Post? And, would I need to pixelat out the perpetrator's face and college logo on his hat?
Thank you,
Stan
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Response
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You cannot use someone else's image without their consent; it violates their civil rights. Even criminals and dirt bags have civil rights -- and they are usually very adept at enforcing those rights. Do not use their pictures on your website or in advertising. You also can't use trademarks on your website without consent, and that would likely include a logo. You can use these images if you block out the identifying image.
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Comment on Can you sue your insurance broker from May 9, 2018 article
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Ken
Great question and answer, like to expand on it.
I enjoy this news mail and use your contracts. My question is related to other areas of coverage than those from alarm installation liability.
Can I take any action action against a broker for attempting to misrepresent the coverage had I purchased in a policy? I told the broker what coverage I wanted. He told me many times, yes, and that was the design of the plan and there were no exclusion. He refused to let me speak to the underwriter to confirm. They will not issue an endorsement. A brochure and promises in an email. Meanwhile, I hired an attorney with 20 years’ experience in the two specific subject matters to learn that the language in the policy should a claim be made based on specifies coverage was required for would most certainly result in a letter of denial and that their huge concerns about the policy language that would leave me exposed.
Can agents use trickery and deception to sell a policy and have no consequences or disciplinary action?
TD
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Response
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Wow, that's quite a tale of woe. Of course a broker can't use deception to sell a policy. No one can use deception to enter into any contract. You don't mention what insurance you were looking to get and how you think you were deceived. It doesn't sound like you have any claim yet, which is a good thing. You have time to find new insurance, and a new broker. Sounds like you don't trust the one you have. Go to The Alarm Exchange under the broker category and select a new broker. You won't go wrong, and if you do, the broker will be bounced from the approved list.
What is so difficult? You need general liability with alarm industry errors and omissions coverage. Call Security America, and if they can't help you, call down the list on The Alarm Exchange.
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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