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comment on insurance coverage / storing data / Va auto renew correction
March 6, 2019
Notice:  I'll be at ISC West in April.  Call our Concierge Program Coordinator Stacy Spector, Esq at 516 747 6700 x 304 to arrange a private meeting and consultation.  Meetings and consults will be No Charge during the ISC show.
comment on insurance coverage from February 22, 2019 article
    Obviously the General Liability/Errors & Omissions is very important when it comes to all Alarm companies and protecting the company that they have built, things like reputable carrier, seasoned claims adjustor, occurrence form on the Liability policy, etc. If your broker doesn’t specialize in the Alarm space then you really shouldn’t be with them, there is too many basic mistakes that can be made in the implementation of the insurance program without the Alarm Niche focus. In addition, with the ever changing landscape of things like the Employment Laws, cyber/network security & distracted driver situations there is so much more the broker should be communicating to the insured to make sure the proper protection is in place.
    For example, in addition to the General Liability/E & O claims the largest claim scenarios we run into are based around the following:
  1) Employment Practices Liability
  2) Auto Fleet/Distracted Driver
  3) Cyber Liability
  4) Installation Floater
  5) Social Engineering
    All of these could have a large negative impact on the corporation, whether it be financial or reputational within the community. It won’t always make sense to purchase insurance on some of these items but business owners should be having conversation’s around them all with their broker. 
Jeff Schulz, CIC, CRM
Managing Director, Commercial Division
J. Krug
    Carrying the insurance required by your "subscriber's agreement" and carrying the proper and appropriate insurance may not be the same thing. Your subscriber may require a list of coverage from every contractor it does business with, without regard to specific and essential coverage required by special contractors, like those in the alarm - fire - security industry. 
    You should be getting alarm program insurance from a broker and carrier that knows the alarm industry. Errors and Omissions coverage on an occurrence basis is something you will want to have when the time comes that you need it; ie when you get sued.   And, trust me, the correct answer to whether you've ever been sued is "not yet" [unless you've already had that chilling experience]. 
    Don't take chances, use the resources listed on The Alarm Exchange in the broker and insurance category. Jeff Schulz is listed and he is an excellent choice.
storing data
    I am just reviewing our updated residential All in One contract. Some important additions to this version over our last.
I note in paragraph 12 that one sentence reads: If data storage is selected service, Alarm Co shall store data received from Subscriber’s system for one year.
    I am not sure if this is some kind of requirement, but our experience with remote data storage is that the length time the data is stored is highly dependent on the third party vendor that we are using (usually Total Connect or
    Would this wording be acceptable?: 
    "If data storage is a selected service, Alarm Co shall store data received from Subscriber’s system as specified by the third party vendor, limited by time or by capacity."
    There have been many changes to the All in One forms and everyone needs to update if their contracts are older than 2017. 
    You can change the wording as you wish, but it would be better to check with your third party vendor to find out its policy and then change the contract accordingly. The way the All in One is worded now you have to tell the third party vendors that you need storage for one year. 
    This is a great example of why I discourage allowing dealers and especially subscribers, to dictate procedure for alarm response. The Monitoring Centers have trained personnel and asking the personnel to deviate from standard procedure is looking for mistakes and errors, leading to lawsuits or unhappy customers.
    You need to know how your vendors are going to handle your subscriber data and signals, etc., and make sure the those procedures conform to the All in One. If they don't, change the All in One language or change vendors who can't accommodate you.
Va auto renew correction
    On January 15, 2019 I wrote that Virginia had joined other states by enacting an automatic renewal statute.  The auto renewal statute however does not apply to licensed alarm companies.  Another statute exempts licensed alarm companies.  This is no impact on the Standard Form Agreements.


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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