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 Employee owned vehicles and employer liability / webinar registration April 25, 2022 *********************** Comment on Employee owned vehicles and employer liability from article on April 18, 2022 *********************** Ken Non-owned liability insurance is an auto insurance policy. Some carriers (like Security America) add this coverage to a packaged general liability policy. But please realize it is auto liability and not general liability. Same with E&O coverage (professional liability). E&O coverage is separate from the general liability coverage. Often insurance carriers will use the same policy number for multiple line items by packaging (bundling) coverages together into one policy number. Non-owned auto liability insurance: * If employees get into an accident while using their own or a rented vehicle for business purposes non-owned auto liability policies transfer the risks to your insurer. However, it’s important to remember that this coverage protects your business and not the employee driving the vehicle. * If your employees get into an accident and you are sued, legal costs can add up quickly. Non-owned auto liability policies help organizations cover legal expenses following a claim. * Protection that accounts for employees of all statuses; Hired and non-owned auto liability policies can provide coverage for all of your staff, regardless if they are full-time, part-time or temporary employees. This is particularly useful for organizations that hire additional staff during busy periods * Coverage beyond basic policies; If your organization allows employees to use personal vehicles for work, chances are your general liability and auto policies offer insufficient protection. Non-owned auto insurance offers unique coverage often excluded in standard policies, ensuring your organization is insured for accident. ******************** Response ******************** I want to clear up a few issues. When is your employee working and not working? Commuting to the workplace is not working; your employee can use their own transportation and if they get into an accident on the way in or on the way home, they are not working and you should not be liable as the employer. If the employee stops for a work related matter, either on the way in or on the way home, that employee could be considered working; you could be liable. If the employee is permitted to leave the workplace for lunch or on a break, they employee is not working. But if the employee leaves for lunch and does a business related chore, you can be liable because the employee is working. You need Non-owned automobile insurance whether the employee is driving a vehicle owned by the employee, leased or rented by the employee, owned by someone other than the employee or leased or rented by someone other than the employee. The point is, if the employee is driving a vehicle for work related purposes you can be held liable as the employer. We all carry insurance we hope we won’t ever need, from health, disability, death, dental, home owners, auto, business liability, and lots more I don’t even want to think about. The moment you wake up and roll out of bed your potential liability starts, and for those with employees, your time is all the time, even while you’re sleeping. You have to decide the risk you want to take, but auto accidents are fairly common and too many employees don’t carry enough insurance to satisfy most accident claims. Shawn didn’t mention what the cost of this coverage is when adding it to your general liability policy [which should already have added the E&O coverage]. Check with your broker or call Security America direct; it’s listed in The Alarm Exchange. ******************** Webinar on assistance getting licensed Webinar Title: Filing for and renewing your alarm license Topic Details: Once you know where you need the license and what license you need, and you know you’re qualified, The Cmoor Group handles the minutia details filing for the license and has the software to monitor for renewal compliance. When: May 3, 2022 at 12 PM ET Presenter: Connie Moorhead, President of The CMOOR Group. connie@cmoor.com or call 502-254-1590, ext. 101 Hosted by: Ken Kirschenbaum,Esq Who should attend: license holders, license compliance officers, owners, managers Register Here:https://attendee.gotowebinar.com/register/8242655366269110283 ************************* To order up to date Standard 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. *********************** ALARM ARTICLES: You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles updated daily ******************** THE ALARM EXCHANGE - the alarm industries leading classified and business exchange - updated daily ************************* Wondering how much your alarm company is worth? Click here: https://www.kirschenbaumesq.com/page/what-is-my-alarm-company-worth ****************************** 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
