KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Comment on cyber security issue / Comment on additional insured
May 11, 2019
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Comment on cyber security issue from article on May 2, 2019
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Ken
            I’d like to comment on your cyber security article on May 2, 2019.
            Cyber-crime is growing and cyber-insurance is a must to protect your company. Reality is, it’s not if you will be hacked, but when.  There’s a misconception that cyber-crime is covered under standard business liability insurance, but that’s not the case. In fact, not even extended coverages such as business interruption protect you against the damages resulting from cyber-crime.  
            Not only do you need to ensure that your contracts are appropriate, but that your insurance is as well.  Security America offers Cyber coverage as a part of our package.  Behind our program is the insurance industry pioneer, Beazley. Beazley has helped clients handle over 5000 data breaches since the launch of its flagship product, Beazley Breach Response in 2009. Handling that volume of breaches, you learn a few things about identifying and reducing risk. The value of the product offers is much more than just insurance, its risk assessment, tips and education from industry leaders.   The result is a cyber insurance that keeps you protected and provides valuable risk management to help minimize data breaches and incident management when they do occur.  
            When data breaches happen, the response is critical to the very survival of your company. You’ll need professionals like Forensics experts, Lawyers, Services to set up notification of affected individuals and responses such as credit or identity monitoring and Public relations experts to protect your image as a company.  If you need help with securing coverage or have questions – reach out to Rhett Butler or Crystal Jacobs at 866-315-3838 or usrisk@securityamericarrg.com
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Comment on additional insured
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Ken                            
            In response to Gary and his question on additionally insured status in the April 30, 2019 article.
            To name a GC is a time limited event and is being requested mainly because the alarm company personnel are on the site performing its functions while amongst other contractors or premises employees and patrons. This is the time when the public is at greatest risk for tools or equipment falling from above, or people tripping over materials left on the floor.
            Versus, the long term exposure of a monitoring contract or service agreement when an act of a third person may create a loss to the customer. As alarm or monitoring companies we do not have any prior knowledge or control over the acts of third parties. So why does it become our exposure? It does not.
            The practical effect of an additional insured on the alarm company policy is simple; your customer becomes you the alarm company in the eyes of the insurance company.  
            Think about this, you gave the customer additional insured status, there is a loss, the customer has the full right to go right around you and file a claim with your insurance carrier. Even though you claim and prove that the alarm company has no liability, the carrier will open a file and you will have a loss experience on your record for five years. It makes no difference how much you protest, you will pay an increase however small for five years.
            At SARG I fight these attempts before a case file is created, saving our insureds real money every day, but once you list a customer as an additional insured I have to treat them just as I treat you.
            Do not compromise your insurance carrier, do not compromise your Kirschenbaum Contract, do not compromise your business. Follow the contract; it’s your future, your equity, your life's work.  
Bart A. Didden 
Executive Claims Manager 
Security America Reassurance Group, Inc. - SARG 
877-872-1266 
bdidden@securityamericarrg.com 
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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