KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Comment on case where Jeff Zwirn was expert  
November 4, 2020
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Title:  Importance of Sound Financial Management; How to make your company bankable
When:  November 4, 2020   Time:  12 PM  noon ET
Presented by:  Mitch Reitman
Hosted by:  Ken Kirschenbaum
Who should attend: owners, CFO, general managers
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Comment on case where Jeff Zwirn was expert from article on October 24, 2020
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Ken,
            Was there any question as to why the alarm system in question that was being used in such a "high value" area did not report zone bypass signals to the central station?  I would think an alarm company would report such signals if not to notify a "responsible" party of that location but most certainly to keep a record of what zones were bypassed and the user code that did it. Another bit of evidence would be to have seen the cell phone ping or register data that may have shown the person in question at the premise when this incident occurred assuming he/she had a cell phone on their person. Interesting case thanks for posting.
Anonymous 
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Response
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            All we have is the reported decision, which is on the KK website under Leading Cases.  Jeff Zwirn can provide further information, if he wants. The court determined that alarm system's not activating during the early morning hours of the fire was that someone with alarm code bypassed the system's trigger settings at the Premise.  The Court’s decision is lengthy, and those interested can read it on K&K’s website at Leading Cases / Sorted state by state at https://www.kirschenbaumesq.com/page/alarm-law-issues
The case is: United States District Court, C.D. California. Everyday Discount, Inc. v. State Farm General Insurance Company - October 2020
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Another comment
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Ken,
            Was your article a commercial or a mea culpa written by Mr. Zwirn that he plays both sides of the fence,  so don’t hate him for his business model?
            In the instant case his client was an insurance company as the defendant against a subscriber claim, rather than the usual casting of characters where the subscriber is his client suing an alarm company.
            How refreshing 
Bart A. Didden, President
U.S.A. Central Station Alarm Corp.
Port Chester, NY
Milford, CT
St. Paul, MN
Pasco, WA
877-872-1266
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Response
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            Not only didn’t Jeff write the article, but he didn’t send me the case nor has he commented on the article.  He may not even know about the article.
            As for a mea culpa, I’m sure you won’t hear that from Jeff.  He makes no apology using his expertise for or against alarm companies.  
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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
www.KirschenbaumEsq.com