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comment on additional insured / updating Call List
November 13, 2018
ISC:   I'll be at isc on Wednesday from 10 to 12:30, roaming the aisles.  If anyone wants to meet please call Stacy Spector at 516 987 8428 and she will coordinate the meet.  Thanks.   
comment on additional insured from article on November 7, 2018
    With regards to your comments as being named as an additional insured, you did not address all the related issues. It is hard enough to get contract renewals let alone keeping track and requesting new certificates of insurance with your firm named as an additional insured each year. Despite what you may believe, this is not automatic and the customer must review and confirm them each year or they can be deleted or the additional insured named can be removed without you even knowing. That is why large management firms hire others to administer this process of getting them from their contractors. So what you say is needed can fail to be in place after the first year without a yearly follow up process of annoying your customer for these. 
  Yours truly,
Living in the real world
    The Insurance procurement clause in the Standard Form Agreements was discussed as a provision that may be used to terminate a subscriber because most subscribers don't comply with that contract requirement, not in the first year and not thereafter. I suggested that if you were looking for a way to terminate your subscriber by holding it in default of the agreement, so you don't just have to walk away, focusing on the insurance procurement clause may be the answer. Once the subscriber fails to comply the default is not curable. You can waive it or insist on compliance in later years. 
    While useful the insurance procurement clause is not the most potent protective provision. It certainly can become a very important provision, and you could regret not insisting on compliance. A claim by a third party against you will trigger the indemnity provision. If the claim is significant enough your subscriber will not be able to provide the indemnity without insurance covering the claim. Without the additional insured status that insurance may not be available to you and your own insurance may not be enough. 
If you focus on the provision while in the contract signing stage you will most like provoke a challenge. You can wait until the contract is signed, job in, several payments later, and then ask for the insurance certificate. 
    Tenants are use to naming the landlord as an additional insured and having to produce an updated certificate yearly. Same with owners who have to name the mortgagor. Adding you to the policy and producing the certificate shouldn't be an overwhelming burden on the subscriber.
updating the call list
    When our customers want to update their central station notification list we insist on it being mailed, signed and dated letter on their official stationery. We will not accept Emails or faxes for this due to the fact that we do not know who is actually sending them or have made them real or not. Any comments on this?
  Yours truly,
Better safe than sorry
    I can't fault you for being overly caution; very careful. Keeping an updated call list is just about as important as testing and being able to identify signals when they get to the monitoring center.
     In this day and age I think requiring a written letter to be mailed to you is probably unnecessary. Emails and fax are certainly accepted and reliable forms of communication. I am not too crazy about text messages because they are harder to preserve, at least for me. No matter how you get the request to update the call list you can always confirm by calling your subscriber and noting that in your records.

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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
516 747 6700