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ISC Schedule / comment on certificate of insurance / Security v Home Automation agreements / residential v commercial for property manager April 4, 2018

KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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ISC Schedule / comment on certificate of insurance  / Security v Home Automation agreements / residential v commercial for property manager
April 4, 2018
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ISC schedule, so far:  please stop by to say hello.  To schedule a private meeting please call Stacy Spector,Esq at 516 747 6700 x 304 to coordinate time.
April 11:    Affiliated Monitoring booth    1 -2 PM 
                 Rapid Response Monitoring booth  2 -4 PM
                 
April 12:  Stages luncheon 11 AM.  For central stations only
                COPS Monitoring booth:  1 - 2 PM
                All American Monitoring booth:  2 - 3 PM
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comment on certificate of insurance from March 12, 2018
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Ken
    You might wish to reconsider your post on March 12, 2018 about Certificates of Insurance being issued by insureds. There are standard forms for certificates of insurance, with the most common being one or another version of ACORD (registered trademark) forms. Most risk managers and businesses look for these forms. Most of these are issued by the insurance broker not the insured, and therefore serve as a form of verification that the coverage exists, named the insurance firm providing the type of coverage, and lists additional or additional named insureds. 
    There have been instances where the insured (or its broker) acted “inappropriately” and some firms demand additional affidavits that the coverage exists as indicated on the form. When companies rely on others to have proper coverage to protect their interests and reduce their costs, there is likely to be a review of the information on the form by the firm requesting proof of insurance or their insurer. They are not likely to accept a form submitted by anyone other than s broker or an insurance company.
    (Please do not use my name or affiliation if you use this response. Best might be if you contacted SAARG or other insurers to verify my points above.)
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Response
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    Perhaps poor choice of wording.  The question addressed in the March 12, 2018 article was:
    
"My question is regarding the certificates that we provide to our customers for insurance records/discounts.  Does the certificate need to be from the monitoring service or can that be something we can provide on our company letter head?  If we can provide, should include certain language for legality purposes?  Currently I have been requesting the monitoring service send me the certificate."
    This is not the Insurance Certificate you refer to in your comment.  You are correct that a Certificate of Insurance is issued by the Insurance Carrier or its authorized agent, the Broker.  The Certificate is used as proof of coverage for the insured.  It also provides for a Certificate Holder [who is entitled to notice of cancellation] or Additional Insured [who is also covered by the insurance policy].  
    The "certificate" discussed in the March 12 2018 article is something the alarm company gives the subscriber to be presented to the subscriber's insurance carrier so that the subscriber can get a premium discount.  Insurance carriers don't have a form for this and the alarm company can design its own form.  The carrier will want to know what kind of alarm system is installed and whether it's professionally monitored.
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Security v Home Automation agreements
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Ken
    We have been using the 
Commercial All in One and Subcontractor contracts we purchased from your firm.  We are now going to be offering residential installation and monitoring. My question is, does the Residential All-in-One also cover home automation thermostats etc?  I ask because the home automation All-in-One covers cameras, but so does the Residential All in One for alarms,   I did not know if there's any provisions in the Residential All-in-One for security that also covers automation and thermostats.
    Please let me know, thank you very much!
name withheld
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Response
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    You can use the 
Residential All in One for home automation and integration if you are also installing security equipment.  If not security equipment then I suggest the Home Automation and Integration Agreement.
    The forms are similar and do overlap, but the Home Automation doesn't cover professional monitoring; that's one major difference.  Both agreements cover cameras, but in the Home Automation there would not be professional monitoring.  Video would be accessible to subscribers' Internet connected devices [either through third party vendors or only through the Internet].  
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residential v commercial for property manager
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Ken
    We have a large property management customer for which we install alarm systems in residential apartments and condos.
    Is it appropriate for me to use the All-in-One Commercial Master Agreement RIDER (I just purchased this from you) with a 
Commercial All-in-One Contract to cover the entity and all future residential installs?
    OR would I need to use an 
Residential All-in-One with another Rider to be purchased?
    The payor is always the Property Management Company (which is a commercial entity)
Thank you
David
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Response
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    The Property Manager is a commercial entity; you can use the 
Commercial All in One, and you can use the Master Rider to cover all the units as they are added.  This will authorize the installation or activation of the unit systems and confirm that the Property Manger will be paying your services [only those it agrees to pay for - the unit owners may be able to order additional services, for which they have to pay for themselves].  
    But you need the 
Residential All in One to be signed by every unit holder, whether a tenant in an apartment building or a condo or coop unit owner.  Why, if they aren't paying you for the alarm service?  Because they are the ones getting your services.  They have the codes, passwords, can cancel an alarm and request service, and maybe ordered additional services.  If they suffer a loss that they blame on the alarm, they will sue you.  You need to have a direct contract with the end user of the system and services.
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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