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having trouble finding insurance or managing premiums / non-disparagement clause / February 22, 2017

KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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having trouble finding insurance or managing premiums / non-disparagement clause  / February 22, 2017
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DONT MISS Tomorrow's WEBINAR on February 23, 2017 - STILL TIME TO REGISTER AND ATTEND    All You Need To Know About Selecting the Right Broker to Sell Your Alarm Business
Register here:   https://attendee.gotowebinar.com/register/8548769256865453057
When: February 23, 2017 at noon EST
Presented by: Ron Davis and Steve Rubin
See full schedule of webinars below

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having trouble finding insurance or managing premiums
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Ken,
    I have this situation where I need Gen Liab insurance for a project. I must have contacted over 5 insurance companies and they all tell me that because of this fire alarm project I am doing most insurance companies don't want to take that risk.  This is the first time I am doing such a big project.  Am I making a mistake telling agents/brokers that we are installing and programming fire alarm panels and addressing modules. Should I only mention low voltage which encapsulates Fire systems?
    Please advise and thanks in advance,
BK
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Response
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    I am curious why you would be looking for insurance for this one project.  You are in the alarm business and should be carrying General Liability insurance with alarm industry Error and Omissions coverage.  It also sounds like you are not using one of the brokers listed on The Alarm Exchange, because they would know how to get you the right insurance.
    Finding the right insurance for the right [cheap] price is frustrating, even more so when you think about having to call in a claim, deal with the claim representative and then the assigned counsel [some of whom want to know if you were wearing your seat belt when the break-in, fire or water damage occurred and won't ask for your contract until they have wasted countless hours examing all the angles and procedures sure to pump up their bills while the insurance carriers are insisting that they do less and less work using the most junior of staff without senior supervision.  A premium increase, outright cancellation of your policy or refusal to renew without a ridicules premium increase follows.  
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non-disparagement clause
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    Not too long ago we added a non-disparagement provision to the Standard Form Agreements.  That provisions prohibited the subscriber from posting negative reviews on social media and provided for liquidated damages as a remedy for breach of the agreement.   I believe that provision will now need to be omitted.  The provision may be void but should not affect enforcement of the rest of the contract.
    A new law that calls for the removal of a non-disparagement clause from form contracts was recently enacted and signed into law by the Obama Administration and will take effect on March 14, 2017.     
The "Consumer Review Fairness Act of 2016," H.R. 5111, makes certain clauses of a form contract void if it prohibits, or restricts, an individual from engaging in a review of a seller's goods, services, or conduct. 
The new legislation puts an end to fine print clauses in contracts prohibiting customers from posting negative reviews, and furthermore takes away the right of businesses to sue for damages if the customer disobeys. 
    Specifically, the Act voids any provision in a form contract (like a website’s terms of use) that (1) restricts a party’s ability to leave reviews, (2) imposes penalties for leaving negative reviews, or (3) transfers intellectual property rights in reviews or feedback content to the other party in the contract.
The Act applies to “form contracts,” as opposed to those that have been meaningfully negotiated, and it does not cover contracts between employers and their employees and independent contractors. Nor does it protect consumers from civil actions for breach of confidentiality, defamation, slander or libel. Moreover, the Act does not prohibit a party from removing reviews from their own site that are defamatory, obscene, explicit, harassing, false, or misleading or reviews that are unrelated to the goods or services offered by the business.
     The purpose of H.R. 5111, the Consumer Review Fairness Act  of 2016, is to prohibit the use of certain non-disparagement clauses in form contracts that restrict the ability of a consumer to publicly review the goods or services offered in interstate commerce that were the subject of the contract. H.R. 5111 would invalidate such clauses subject to this legislation in form contracts and prohibit a person from offering a contract containing a non-disparagement clause, where a consumer has no meaningful opportunity to negotiate the terms. A violation of the legislation would be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under the Federal Trade Commission Act (FTC Act, 15 U.S.C. 41 et seq.). Such violations are punishable by civil penalties.
    The Consumer Review Fairness Act of 2016 should prevent businesses and individuals from imposing non-disparagement clauses restricting truthful reviews in cases where consumers have no meaningful opportunity to bargain over the terms of a form contract.
The goal of H.R. 5111 is to preserve the credibility and value of online consumer reviews by prohibiting non-disparagement clauses restricting negative, yet truthful, reviews of products and services by consumers. 
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Free Book offering from fellow alarm company colleague
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    Alarm guy Jay Stuck has published his third thriller, Sweet Dreme, on Kindle.  As a special for my newsletter readers, Jay is making it free on Kindle from February 20 through Feb 23.  Use link now to claim free book.
    George Dreme's third action thriller finds George in big trouble. Seems his CIA handlers are not happy that he went rogue. Our favorite hypochondriac hitman manages to shoot up a department store, pose as a "roady" in Nashville and winds up in South Florida in the middle of a hypochondriac's worst nightmare. It's just another errand for our sarcastic, funny and germ-hating anti-hero, and let's not even discuss the monkeys. Time for the usual colorful characters and lots of shoot 'em up action. George Dreme is back in a ripped-from-from-the-headlines scary thriller!
    Here is the link for the free book.  
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                                WEBINARS:  Sign up for any or all of the webinars that interest you.

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FREE Webinar Series "All You Need To Know About" alarm industry issues. 
Register for one or all.  Each presentation scheduled for half hour to hour.  Not recorded.

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Title: All You Need To Know About Selecting the Right Broker to Sell Your Alarm Business
When: February 23, 2017 noon EST
Where: Your computer for power point, live video and call in on computer or phone
What will be covered: General discussion about finding the right broker to represent you on the sale of your alarm business
Who should attend: Alarm company owners
Presented by: Ron Davis and Steve Rubin from Davis Mergers and Acquisitions Group, the 
Graybeards rdavis@graybeardsus.com srubin@graybeardsus.com
Register here:   https://attendee.gotowebinar.com/register/8548769256865453057
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Title: All You Need To Know About modern nationwide central station operations and how to select the best central station for your needs
When: February 24, 2017 noon EST
Where: Your computer for power point, live video and call in on computer or phone
What will be covered: General discussion about what you should expect from your modern nationwide central station and how to select the best central station for your needs
Who should attend: Alarm company owners, general managers, sales managers, sales staff
Presented by: Morgan Hertel from Rapid Response MHertel@rrms.com
Register here:   https://attendee.gotowebinar.com/register/507826318172222465
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Title: All You Need To Know About Fire Alarm Systems and Taking Over Fire Alarm Systems
When: March 1, 2017 noon EST
Where: Your computer for power point, live video and call in on computer or phone
What will be covered: General discussion about issues to consider when installing, servicing or inspecting fire alarm and when taking over an existing system
Who should attend: Alarm company owners, general managers, sales managers, technician managers
Presented by: Jeff Zwirn JeffZwirn@alarmexpert.com
Register here:   https://attendee.gotowebinar.com/register/4756737271107996417
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Title: All You Need To Know About Standard Fire Protection All in One Agreement Covering Installation, Inspection, Service of Sprinkler System, Portable Extinguishers, Kitchen Hood, Smoke Detectors, Fire Pump
When: March 2, 2017 noon EST
Where: Your computer for power point, live video and call in on computer or phone
What will be covered: General discussion about the Standard Fire Protection All in One provisions including scope of work, liability limitations, insurance issues, indemnity issues, how to handle subscribers who won't sign or want you to sign their agreement. 
Who should attend: Alarm company owners, general managers, sales managers, sales staff
Presented by: Ken Kirschenbaum, Esq.
Register here:   https://attendee.gotowebinar.com/register/658147149875346945
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Title: All You Need To Know About Alarm Licensing and Contracts for DIY 
When: March 9, 2017 noon EST
Where: Your computer for power point, live video and call in on computer or phone
What will be covered: General discussion about licensing in the alarm industry for DYI. Different types of licenses, where you need them and how you get them. How and when to use License Holders or Qualifiers for your business and how to become a license holder for a company. Risks involved in not being licensed. Contract you will need for nationwide DIY monitoring agreements.
Who should attend: Alarm company owners, general managers, compliance managers and license holders.
Presented by: Ken Kirschenbaum, Esq.
Register here:   https://attendee.gotowebinar.com/register/2585168820901654273

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THE ALARM EXCHANGE

alarm classifieds alarm security contractsThis area is reserved for alarm classifieds, alarm company announcements, solicitations, offers, etc. Those wishing to sell or buy; borrow or lend; dealer program or dealer; central stations; insurance brokers; business  brokers, insurance companies. Equipment to sell; looking for employees; subcontractors; mergers;

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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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