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 whitelist ken@kirschenbaumesq.com ****************************** comments re first moves when getting a claim from subscriber for burglary / AIN Contract Sale January 24, 2026 ********************** Reminder for AIN Members: The AIN Contract sale expires in 2 days. Order today. Be sure to put AIN after your name on the order form. 25% off all forms and additional 10%, for 35%, for Concierge Clients. ************************ comments re first moves when getting a claim from subscriber for burglary from article on January 15, 2026 ********************* Ken, Hope you are well. In the burglary claim reviewed in the article, if the client signed the K&K agreement, wouldn’t the alarm company’s liability be limited to the limits of liability clause? Also, the indemnity provision kicks in too, no? See you in Vegas. Roman *********************** Response *********************** Ultimately if there is a K&K contract and the insurance defense attorneys are smart enough to use the contract to protect the alarm company, absent abhorrent conduct, damages should be excluded or limited to a nominal amount. Additionally, the alarm company may be able to look to the subscriber for indemnity. But, step one when receiving a claim is to notify your carrier. Prompt notice is required by your policy and late notice may be basis for reserving or denying coverage. If you do anything before [or after] notifying your carrier that jeopardizes the carrier's ability to defend the claim, that too can be cause for reservation of rights or denial of coverage. After step one notification, step two is aggressively demanding that your carrier assist you, or send in writing that you're free to handle the claim as you wish until such time as the carrier decides it's time to step in. Some carriers are dumb enough to handle claims that way, in which case, you should be the one dumping the carrier instead of waiting for the carrier to dump you, because they will surely blame you for adverse outcome in handling the claim. ************************ another comment ************************ Ken Regarding: “first moves when getting a claim from subscriber for burglary” or “Video Monitoring”. Of course this happened. If the CS instructions are to dispatch only if a crime is seen in the video, this is inevitable. There’s never 100% coverage with cameras. When a customer asks for video monitoring, the question should be whether they want no dispatch unless a crime is seen. Nevertheless, given the increasing interest in alarm video monitoring, do the updated contracts address this? Kind regards, Lior Rubin ************************* Response ************************* Yes the Kirschenbaum Contracts TM cover video, from self to live 24/7 interactive monitoring. All you need to do is describe it in the contract as service to be provided. Video is a great way to confirm a burglary or perhaps other events that can be seen on camera. You do need to be careful because the absence of video confirmation does not mean there is no event that requires response. AS Lior reminds us, not likely that cameras cover all of the premises, not to mention that they can be compromised. How many movies do we have to watch where the bad guides create a continuous loop in the video stream? Or is that only in movies? ************************** STANDARD FORMS 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 Sign up for emails from our Mail Chimp service: http://eepurl.com/i-Opgw ************************** 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
