Indemnifying and naming subscriber as additional insured / Contract sale ends tomorrow January 11, 2024

KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Indemnifying and naming subscriber as additional insured / Contract sale ends tomorrow
January 11, 2024

CONTRACT SALE OVER TOMORROW- order now

Join the Concierge Program before you order contracts and get additional 10% discount. Join here: https://www.kirschenbaumesq.com/page/concierge

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NOTICE:
The Standard Form Agreements have been updated for 2024; over 10 changes, some significant. Check with our Contract Administrator, Eileen Wagda, at 516 747 6700 ext 312 to see if your forms need updating. Keep in mind that updates are free for 6 months and half price for 12 months from your original order date. Requests for updates will be processed after the new orders are processed. The sale ends January 12, 2024; the sooner you order the sooner you will get the contracts. Please do not call requesting priority unless you are a Concierge Client or have paid for expedited service.

How to order: order at www.alarmcontracts.com - ordering is easy - order on-line during the sale and save thousands of dollars. Need help ordering? Call our Contract Administrator Eileen Wagda at 516 747 6700 x 312 for assistance. Concierge Clients can call our Concierge Program Coordinator Stacy Spector, Esq for assistance at 516 747 6700 x 304. Concierge Clients receive an additional 10% off the sale price. You can join the Concierge Program before ordering to receive the discount and you should take advantage of this program.
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  Contract sale  runs through January 12, 2024. This will definitely be the best deal of 2024. When you place the order the full price will come up. We will apply the discount manually when we process the order. Contracts will be delivered by email only. Just order what you need - we will check and apply the proper discounts.

Here's the deal:
  Buy 1 All in One Residential, Commercial or Fire All in One and get $100 off and $50 off Disclaimer Notice  save $150
  Buy 2 All in One forms and get $100 off first and $200 off second and $75 off Disclaimer Notice and $100 off alarm.com rider and $100 off the Honeywell Notifier rider.   Save up to $575.
  Buy 3 or more All in One forms and get same as above and $300 off the third form and $400 off the fourth form.  Save up to $1075.00 [Residential, Commercial, Fire].
   Buy 4  All in One forms and get same as above and $400 off the fourth form.  Save up to $1275.00 [Residential, Commercial, Fire, Home Automation]

  Commercial Mobile Surveillance Lease $1000. Save $250
  Fire All in One with Security Rider $1275.00. Save $300.00  Add the Commercial Fire All in One and the Commercial All in One and get $200 off each. Save $700.00
  Qualifier Agreement $1200.00   Save $300.00
    Digital Sign And Display Sales, Hosting And Service $437.50  save 50% $437.50
    Computer Consulting and Service   $437.50  save 50% $437.50
  Nationwide DIY with monitoring. $3500.00 save $1000.00
  Nationwide PERS with or without GPS tracking. $3500.00 Save $1000.00
All other contracts not listed above will be discounted 20% during the sale. Concierge Clients will receive an additional 10%.  save thousands

* Your order must be placed on line at www.alarmcontracts.com and received by our office no later than January 12, 2024 by midnight EST. Orders must contain valid credit card payment and be processed; you will receive confirmation. Fill out the order form; the full prices will show and we will apply the discount before processing the order.  Orders arriving after sale ends will be processed at regular published rates.  Orders will be processed in order received.  For Rush orders, delivered by email within 48 hours, add 15% - call Eileen to process.
Concierge Clients will receive their Concierge Program Discount on the Sale Price. Sign up for the Concierge Program before placing your contract order to receive the additional discount.
Does not include consultation or modification
What's our Guarantee policy re updates?
Free updates within 6 months of purchase*
Half price within 6 months to 1 year*
* applies to original purchase only
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Indemnifying and naming subscriber as additional insured
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Ken,
          We have ordered your Subcontractor Agreement for hiring company and the rider. Just today I have a contractor asking for a certificate of insurance with additional insured requirements. It is extensive – 10 pages. Could you let us know what we are exposing ourselves to and what we should alter?
Thank you.
Lea

Response
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          Indemnity and additional insured are issues that you need to be careful with; understanding the implications is a good start. It’s a new year and a great time to firm up your policy.

          You mention the additional insured requirement but don’t mention any indemnity provision; I assure you it’s there, and that indemnity provision is a far more potential problem for you than the additional insured provision.
          Indemnity can be so broad as to cover any claim for any reason, with unlimited exposure. You need to carefully review and modify this provision, and you need to fully understand what you are agreeing to indemnify against. Then you need to be certain you have the insurance coverage to protect you, to cover your indemnity obligation. You can’t have indemnity that exposes you to tens of millions of dollars when your insurance coverage is one million; not unless you want to go out of business on your first large, uninsured or underinsured, claim. The indemnity language is your responsibility and only an attorney can be sure what is states and the extent of the exposure; an experienced attorney in this area of law, not an attorney who may be expert in something else.
          The additional insured provision is another matter. Input from your insurance broker is advised. Your insurance broker should be well versed in what your current E&O policy covers and whether you will be covered for contractual indemnity provisions and additional insured requirements, with or without a COI [Certificate of Insurance for additional insured].
          I try to modify additional insured provisions by limiting the coverage to “acts of the contractor providing the indemnity and the provisions of the alarm contract”. A COI may actually override that language and you need to check with your broker. It’s likely the COI with the additional insured endorsement will need to incorporate the same language so that it’s clear that the additional insured actually has different coverage than the primary insured.
          Many of the contract reviews I do are for these issues. The Concierge Program comes with many benefits and one of them is a free half hour each month for contract review. I urge you to join the Concierge Program and take advantage of all benefits, but particularly the monthly contract review. If you think about it you will quickly realize you could use the legal help more frequently.  Contact K&K's Concierge Program Coordinator Stacy Spector,Esq at 516 747 6700 x 304 or SSpector@Kirschenbaumesq.com.
I asked Shawn Iverson from The Insurance Center to comment; here is his response:
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Ken
   Anytime someone is asking you to sign a 10 page agreement, you should have an experienced attorney, like Ken, look at it. Your insurance advisor needs to review it as well to make sure you have the insurance necessary to meet the requirements. Even if you have the required insurance coverages, you should still talk to your insurance advisor to see if the risk is worth the reward. Sometimes the contracts are not worth the exposure you are risking. Make sure the money is worth it to you and your insurance carrier. Having a trusted attorney and insurance advisor is crucial when it comes to signing agreements that can bind you where you don’t want to be bound. There is much more in a 10 page “additional insured” document than just an additional insured. Know before you sign.
Shawn Iverson, CIC
The Insurance Center
1741 North 2000 West
Ogden, UT 84404
801-622-2626 ph/fax/text
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STANDARD FORMS  Alarm / Security / Fire and related Agreements
click here: www.alarmcontracts.com
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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.
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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
www.KirschenbaumEsq.com