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Follow up on settlements when it’s not your money  / Comment on securing central stations in the cloud
July 31, 2019
Follow up on settlements when it’s not your money from July 16, 2019
    If our insurer decides to settle, regardless if we think we have done no wrong and are not liable, do we have a say in the matter?
            The simple answer is, no, you have no say in the matter.  And that’s a problem sometimes.  Playing claims encourages more claims.  We have a strong body of case law enforcing protective provisions in alarm contracts because we defended claims, and won.  Today carriers are more interested in the cost of defending the single claim and assessing the exposure for that claim.  Too often claims reps don’t understand or believe the defensive provisions will work and they throw money at the claimant’s attorney.  Why spend $20,000 defending a $10,000 case?  Because next time it could be a million dollar case, or more.
            There are policies that do require the insured’s consent to settle.  Typically lawyer and doctor policies require consent.  But even that doesn’t work all the time.  A carrier can tender the amount demanded by the Plaintiff and tell the insured settle or you’re on your own.  A no settle without consent from the insured is probably available, I just haven’t seen it in the alarm industry.
            You can and should insist on competent counsel to defend your claim, and you should also demand that your carrier assign counsel to assist you as soon as you know of a claim so you stay out of trouble.  I often get calls asking for advice on what should be done with a potential claim.  My response is always, let your carrier know, ask your carrier to engage me to assist you now.
Comment on securing central stations in the cloud from article on July 10, 2019
            The issue of the ‘cloud’ brings me the night sweats!  
            At the ISC show in Vegas a few years ago I attended the Cyber Security seminar with some very high level individuals.  The consensus of the panel of experts was – it is not IF you are going to be hacked, but, when and HOW are you going to react and what safeguards have you put into place so you are able to recover.  
            The bigger the target, the more tempting it is – Morgan is correct…..we need to ensure our customers are kept safe…. 
            Just because we CAN do ‘something’ does not mean we ‘SHOULD’ do it….
Just my 2-cents…
Joe Pfefer
            See recent post on The Alarm Exchange under the category Technology and Services that increase or preserve your RMR by SecureXperts.  They will help add encryption to your camera and access systems in compliance with the US National Institute of Standards and Technology [NIST].  Visit SecureXperts at  They will work though you so that you can bill for the RMR services. A provisions is going to be made in the Commercial All in One for this service [2020 update].  You can contact Darnell Washington at  844 213 4256 or email him at

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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