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Comment on ADT commercial and NFPA / Death of subscriber / Schedule Free meeting at ISC
February 17, 2020
Schedule Free Private meeting while at ISC with Ken Kirschenbaum
            I am scheduling free meetings at ISC now for March 17, 18 and 19, 2020. The meetings are free and scheduled in half hour increments.  Any issues can be discussed or just stop by to chat.  To reserve a time please contact Stacy Spector,Esq at 516 747 6700 x 304 or

Round Table Discussions while at ISC, at Palazzo Hotel.  Free to participate.  Space very limited so book now.  Call Stacy Spector,Esq at 516 747 6700 x 304 to reserve your seat.  [other topics may be announced]
Round Table:  March 18, 2020 at 11 AM.  Join Morgan Hertel, VP of Technology and Innovation, Rapid Response Monitoring and Ken Kirschenbaum for a round table discussion on ​current state of monitoring including technology and well as outside influencers like minimum wages and privacy laws. 
Round Table:  March 18, 2020 at 1 PM.  Join Mitch Reitman and Ken Kirschenbaum for a round table discussion on Taxes and Corporate issues for alarm companies relevant when selling or buying accounts. 
Round Table:  March 18, 2020 at 2 PM.  Join Ron Davis and Ken Kirschenbaum for a round table discussion on Selling or buying alarm accounts and RMR issues.
Round Table: March 19, 2020 9:15 AM  Join Troy Iverson, VP of Sales, Brian Davis, CFO of AvantGuard Monitoring Centers and Ken Kirschenbaum for a round table discussion on the Current state of the Financial/Capital Market Stability in the Security Industry and necessary agreements needed for security companies. (Titian 2202 Meeting Room just off the show floor)

Round Table:  March 19, 2020 at 1 PM.  Join Sharon Elder, VP Sales, USA Central Station and Ken Kirschenbaum for a round table discussion on the value of quality video contracts and services
Round Table:  March 19, 2020 at 3 PM.  Join Bart Didden, Executive Claims Administrator, Security America and Ken Kirschenbaum for a round table discussion on ​Errors and Omissions Insurance Claims and Risk Management

Comment on ADT commercial and NFPA
            I have to chuckle every time I see the ADT commercial with the dog that attempts to get the cookie off the stove and starts a fire. The dog is saved by the smoke detector ADT so thoughtfully installed directly above the stove. This looks good in the ad however it is in direct conflict of 2016 NFPA 72 (4). I suppose it is mathematically possible that it is greater than six feet AND a detector that can pass the burned burger test but I doubt it.
 Best regards,
Scott Clausen
            Is it SimpliSafe that has the commercials with the burglars recommending the systems?  Plenty of comical alarm commercials out there.
Death of subscriber
            If Subscriber dies is his or her estate responsible for the unfulfilled term of the agreement?  I’ve had lots of estates pony up.  I had an attorney get all puffed up in my face today saying that in NYS, if you die, you’re free.  It never occurred to me that my estate wouldn’t be required to meet my obligations if I bought the farm. 
            With the notable exception of PERS agreements in some states, alarm contracts are not terminated upon the death of the subscriber, unless the agreement provides for such termination.  A decedent’s estate, if there is an estate, is liable.  You would file a claim in the Surrogate Court [in NY] and in the court administering the estate in other states.  You can’t start a lawsuit, and a pending lawsuit is stayed, until an estate representative is appointed by the probate court.  You may find that the effort is not worth it, especially if you don’t know if there is an estate to look to.
            But there’s a more interesting issue.  Should you continue performing your end of the contract once your subscriber has died?  For whom are you actually performing the services?  Let’s say an elderly parent who is your subscriber dies.  Next thing you know a child or someone else moves into the house, or perhaps was already living there.  
            Unless the estate representative executes or assumes the existing contract for alarm services you will need a new contract by the remaining or new occupant.  While you may argue that the subscriber’s estate remains liable for the services, you may find that there is no estate.  Also, if there is a loss, you may find that the occupants will claim that they are not party to any contract and sue you on a tort theory, not contract.  Yes, you may win,, but you don’t need the aggravation.   Best to  get the occupant to sign a new agreement.
            K&K’s collection department has filed claims against estates and, surprisingly, received payment.  It’s not something you’ll be able to do yourself unless you stop attending to your business and start trying to do mine.

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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