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comment on lightning and contacts / follow up on does your E&O cover your employees August 30, 2017

KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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comment on lightning and contacts / follow up on does your E&O cover your employees
August 30, 2017
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comment on lightning and contacts from August 26, 2017 article
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Ken
    In reference to Jaime's post... when you replace the contacts will you make the same mistake and put in contacts that will again fuse from surges or lightening strikes?  There is an alternative that doesn't cost more and they won't fuse  - their called Magnasphere contacts.
Mike Keegan, VP - Security Products
Magnasphere Corporation
www.Magnasphere.com
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follow up on does your E&O cover your employees from August 10, 2017 article
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Ken
    Your advice regarding the E&O policy issued by SARRG is confirmed and all the more support for a correctly drafted contract, to protect you from your own employees simple negligence.
Bart A. Didden, Executive Claims Manager
Security America Risk Retention Group - SARRG
Security America Risk Purchasing Group LLC - SARPG
877-872-1266
bdidden@securityamericarrg.com 
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Ken, 
    Regarding the question, “Is my tech covered if named in a lawsuit for damages he caused my customer while working for my company?” the answer is typically yes, if they are an employee.  Reason is that most liability policies, under the “Who is an insured” section, include “your employee, but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business.”
    It’s also worth keeping in mind that the insurance industry considers “employee” to have a specific definition, and 1099 workers, or independent contractors, do not necessarily fall within that and so normally will not qualify for the same coverage.  But that’s another discussion…
    Thanks,
Larry St John, CIC
Eclipse Marketing & Insurance Services
lstjohn@eclipseinsurance.com
707.469.6776 x 102
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Response
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    There should be no confusion.  A 1099 subcontractor will not be covered under your E&O policy as an employee.  You may be able to get the subcontractor covered as an additional insured, but more likely, and the better practice, is to require the subcontractor to get its own insurance, and, in fact, name you as an additional insured.
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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
516 747 6700
www.KirschenbaumEsq.com