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comment on understanding additional insured from / negotiating the alarm contract / Concierge Program
October 22, 2019
comment on understanding additional insured from / negotiating the alarm contract / Concierge Program   October 12,2019
            This is the perfect example why alarm professionals should realize that they hire attorneys to worry about these items.  The KK contracts, in my opinion, have all of those concerns baked in already. The duty is place appropriately, with the subscriber.
            From my experience to date as a claims administrator, I have puller this trigger for Additional Insured status on a number of claims and it has not failed me.  But I will add there is a certain amount of finesse that goes along with the delivery/demand for the coverage. If the provision is swung like the sword of Damocles, it will backfire.
Bart A. Didden, Executive Claims Manager
Security America Reassurance Group, Inc. - SARG
Response - negotiating the alarm contract
            You make an important point.  There are two aspects to the alarm contracts often overlooked,  but these issues are always present and come up all the time.
            Negotiating the contract.  Though most subscribers will sign the alarm contract without question or challenge, there are plenty of subscribers, big and small, who do want to negotiate terms.  The critical terms are common provisions that I generally group into the category of "protective provisions".  While just about every provision in the alarm contract is important, many deal with the mundane relationship between alarm provider and subscriber.  The duties and responsibilities of each are delineated.  But some of the provisions, the "protective provisions" are designed to insulate the alarm company from liability that is somewhat unique to the security and fire alarm industry.  These provisions seek to contractually guard against claims premised on "prevention" rather than "detection".  
            It makes no sense that alarm professionals try to become alarm lawyers or legal experts.  Those that try end up wasting a lot of time and results are hit and miss.  We discuss these provisions so often that it's not surprising that alarm professionals and other non-lawyer professional feel comfortable dealing with contract negotiation, modifications and changes, or worse, working with Subscriber or vendor contracts rather than their own standard form agreement.  Lots of those end up on the desk of insurance claim representatives who have to deal with the lawsuits arising when subscribers suffer losses that they think should have been prevented by the security or fire services.  
            The other issue is knowing when and how to use the alarm contract provisions.  Just because a provision is in the contract doesn't mean we want to use it.  Sometimes it's not necessary to hit an ant with a hammer; and if you do, you can do more damage than just killing the ant.  Probably a poor analogy, but not every loss should be met with every provision in the contract.  We defend selectively, just enough to win the case or discourage the claim.  That kind of maneuvering takes skill and experience, and not every insurance claims rep or every lawyer has those skills.  
            So start with proper contracts.  You didn't write the contract, a lawyer wrote it and you should rely on a lawyer to negotiate changes.  Obviously I am not talking about a change from 72 hours to 12 hours for repair response, or 5 year term down to 1 year.  These are business issues best left to you.  But changes in the "protective" provisions should not be made without benefit of counsel.  
            One of the more essential services available through the K&K Concierge Program is subscriber contract review and modification.  Every Concierge Client is given a $250 credit each month to be used for subscriber contract negotiations.  Since the Concierge Program only costs $145 a month, I think this one service makes the Concierge Program worth it.  Join today by going on line and signing up and if you still have questions contact our Concierge Program Coordinator Stacy Spector,Esq [516 747 6700 x 304,] or our Contract Administrator and License Coordinator, Eileen Wagda [516 747 6700 x 312 ,].

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You can check out the program and sign up here: or contact our Program Coordinator Stacy Spector, Esq at 516 747 6700 x 304.

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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