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Font Size / does your ins co give you hard time adding additional insureds June 20, 2017

KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Font Size  / does your ins co give you hard time adding additional insureds
June 20,  2017
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Font Size
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Ken:
    Suffice it to say that certain sections of our All-In-One contracts need to be a certain font size.  When we mail (or email) a contract to a client, it leaves here as a legal size document.  Sometimes when the signed contracts is returned (via fax or email) document comes back shrunk down to letter size, which means the font size throughout the returned document has shrunk.
    My guess would be the contract isn’t going to be enforceable anymore.   Your thoughts?
Thank you,
Dan Zeloof
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Response
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    We do a lot of research and go to a lot of trouble to comply with consumer and other laws in your jurisdiction when we prepare and send you our contracts.  Font size and provision placement is important to comply with these laws.  Failure to comply can result in the contract being voidable or void.  
    Many jurisdictions don't have statutory font size requirements, but typically case law establishes that if you want the contract to be enforced then the provisions need to be readable, that means legible and understandable.  Font size should be readable to the naked eye for someone with normal vision.  Often a good but non-legal test is that if you can't read it then don't expect a judge to read it or enforce it.
    The contract needs to be in "full" form in it's original form and when presented to the consumer.  That applies for printed contracts.  Electronic contracts should also start out as full size.  Obviously an electronic contract can be manipulated in size by the recipient.  It should print out to full size unless it's obvious that the print out is in reduced size.  When we have litigation and present a reduced sized contract to the court we usually also present a copy of the full size, even if that full size form is a sample form.
    You must have an Electronic Communication form signed by the subscriber if you use electronic contracts.
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does your insurance co give you hard time adding additional insureds
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Ken
    Has anyone noticed a significant change in getting their insurance company to list a client as an additional insured?  We have blanket coverage for this, and until recently we simply requested it, provided a copy of the agreement if requested, and that was that.  
    This week it’s been like getting an audience with the pope and it’s damn near cost me a significant contract.  The insurance company has produced a document with language that had (and will have in the future) my client’s risk people jumping around crying foul.  We finally agreed on some language that was acceptable to both, and the client initialed as opposed to signed and the whole damn thing started over again.     My insurance agent is trying to convince me that I’m living in an alternate universe and it’s always been this way.  Considering it’s been kicked up from the salesperson, to my office manager, to my general manager and then to me, I don’t think that is the case.  I would remember being annoyed to this extent.      Appreciate any input.  If I’ve lost my mind, feel free to say it’s so.  
Jean Levenson
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Response
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    Who is your carrier?  I believe you are correct that requests for additional insured certificates were routinely granted and certificates issued.  Not all additional insureds are equal.  Some can be primary, some secondary and probably more differences that I hope the insurance brokers can explain.  Maybe they can also let us know why some, or if all, carriers are looking at additional insureds in a new way and screening differently.  
    Anyone else have experience with this?
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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
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