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 white list ken@kirschenbaumesq.com ****************************** Comment on adding subscriber as additional insured August 22, 2020 ********************* Comment on adding subscriber as additional insured from article on August 14, 2020 ******************** Ken Unfortunately, security companies for a long time have been adding subscribers as "named additional insured" without realizing the consequences. In to many cases they just send a Certificate of Insurance indicating the subscriber has been added, which in many cases, much to my surprise, are Certificates issued by their insurance broker, without any qualifications. In one case I ran across the security company was just issuing these types of Certificates without discussing/checking with anyone. What people fail to realize, unless the "named additional insured” provision is qualified so as to limit it, the "additional insured" can look to the security company's policy as its primary policy and not solely for matters related to performance, or lack thereof, of the security system or services; more importantly, it in effect negates the limitation of liability clause. Granting a request to name a subscriber as "an additional insured" should be done on a very limited basis, probably only for a more significant customer, and in any case, needs to have limitation language added so that the security company's policy does not become primary for any and all of a subscriber insurance claim, whether or not related to the providing of the security services. The granting of "additional insured" status needs to be closely controlled by the owner/senior executives of the security company, with the help of their insurance agent, to make sure it is properly limited, as opposed to where, in too many cases, it is sort of given out like "candy". Regards Dennis Stern, Esq ******************** Response ******************** Dennis is a transactional attorney and “of counsel” to K&K. He brings [many] years of experience handling alarm transactions and many other issues related to the alarm industry. He can be reached at dennismstern@gmail.com. You need to be careful with the “additional insured” certificates. If you are providing indemnity then you should back that up with your insurance policy by adding your indemnitee as an additional insured. This is always the case with your Monitoring Center and sometimes your subcontractors. You should rarely be adding your subscriber as an additional insured, and it’s more acceptable in an installation scenario than after installation recurring revenue services, such as monitoring, repair and inspection. If in doubt, contact me for advice and assistance. I’ll also use this opportunity to again remind you that if you’re not using an insurance broker from The Alarm Exchange, to again borrow from Biden, “you aint in the alarm business”. ***************** To order up to dateStandard 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. *********************** NOTICE: You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles *********************** THE ALARM EXCHANGE
This area is reserved for alarm classifieds, alarm company announcements, solicitations, offers, etc. There is no charge to post a listing here.Include your contact information, phone, email and web site. If you would like to submit a post, please send an email to ken@kirschenbaumesq.com. To create a reciprocal link to our website, click here. ************************************************ Getting on our Email List / Email 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. You can read articles and order alarm contracts on our web site www.alarmcontracts.com ************************** 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
