March 5, 2011
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Comment
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Ken,
This lawsuit is bad for our industry as it will instigate many more. My question though goes to representation. We are as an industry going to have to be prepared with top notch legal assistance for more similar lawsuits and judgements in the future. Perhaps your firm could serve as a place or clearing house where good representation could be found for Alarm Companies across the country. While I don’t know all the facts in this judgement it somehow doesn’t have the feel about it and causes me to wonder about the quality of legal defense for the monitoring company
We as an industry need to respond strongly to these lawsuits or become the “fall guy” more often than we deserve. I would appreciate your opinion as I feel as though most dealers are winging it when a problem presents itself. I am of the mind that most dealers and perhaps insurance carriers as well could be well served by this type assistance in the future.
Sincerely,
Bob Keefe
EMG Alarm Systems
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Response
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Thanks for the vote of confidence. Most alarm defense matters are handled by attorneys assigned by the insurance companies who underwrite the Errors and Omissions policies for the alarm industry. These are usually specialized programs and the handful of brokers who really specialize in this industry are knowledgeable and committed. [call me if you need a referral]
Unfortunately the claims departments in these carriers often have an agenda that does not place the welfare of the alarm industry at the top of the priority list, rather focusing on the cheapest way to get out of a particular claim - without any concern how that settlement or course of action in the defense of the case will affect future claims against the industry. I have cautioned alarm companies that you will still be in this industry [hopefully] long after some of these insurance carriers have decided to move on and stop writing policies for the industry [as we have seen over the years].
It's the industry's responsibility to make sure that the industry is protected properly by the insurance companies. Insist on knowledgeable counsel. Do not accept "house counsel" or attorneys that you are uncomfortable with. You are entitled to competent counsel who puts your interests ahead of your insurance carrier, especially when those interests are not the same.
I won't base any carriers today - anyone have any stories they'd like to share?
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replacing smoke detectors
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Hi Ken,
In response to Dan Decker and John Druckers comments on smoke detectors not having to be replaced every 10 years. If you read the last paragraph on the instructions from a system sensor 4wtb As you will see, (the second from last bullet) says it is recommended that residential smoke detectors SHALL be replaced every 10 years.
Hopefully this information will give us some correct answers.
John said he couldn't find this anywhere.
Greg