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Paying for subscriber’s loss / Webinar Notice / Party Invitation
November 18,  2019
Party Time: You are invited.  RSVP today - only if attending.
K&K’s annual holiday party is on December 5,  2019 from 6:30 to 10 PM at Pine Hollow Country Club in East Norwich, NY.  We still have limited room.  If you are attending and haven’t RSVP’ed yet the please email Amy at or call her at 516 747 6700 x 313 no later than this Wednesday, November 20, 2019.  

Webinar Notice:  
Title:  contracts and insurance – identifying your risk in 2020
Date:  November 25, 2019  at 2 PM Central time [3PM EST]
Hosted by ESA
Presenters:  Sophia Dominguez, from ESA, Crystal Jacobs, from Security America and Ken Kirschenbaum, Esq 
Format:  round table live video discussion and power point
Who should attend:  alarm company owners, monitoring center owners, risk managers
Register Here:
Paying for subscriber’s loss
            We use your All in One contracts.  However we had an incident where a lady's smoke detector didn't communicate to the central station.  We have spoken with her and her attorney told her to ask if we would give her a refund in the amount of one year of monitoring costs.  I am definitely agreeable to do this, however is there some type of form that I should have her to sign that release us from any other obligation?  
            Certainly you know that your payment is voluntary and under the Residential All in One would shield you from any liability for this smoke and fire loss, unless it can be established that you were guilty of gross negligence and willful misconduct.  I am sure that isn’t the case.
            You should also know that making a practice of covering subscriber losses despite the Standard Form Agreement terms is not only unnecessary, but may end up encouraging claims in the future.
            However, there is something to be said for expediently resolving this matter and your E&O deductible is probably higher than this $500 settlement. But you do need to be careful when making payment.
            A formal settlement document must be executed.  In this case it will be a Release but it will also have to cover your subscriber’s insurance carrier’s subrogation rights.  You should also be careful about the timing of the settlement and payment.  Your subscriber has submitted a claim to her insurance carrier.  Once that carrier makes payment to your subscriber under the insurance policy the subscriber will have to execute an “assignment of the claim”; that effectively assigns the right to bring suit and compromise a claim to the insurance carrier.  A release signed by the subscriber may not be effective against the insurance carrier if the claim has already been assigned to the carrier.  If you are notice of the assignment it would be particularly problematic.
            In your situation the subscriber likely still owns the claim and you can make the payment in exchange of the release form we created for you.

To order up to date Standard Form Alarm /  Security / Fire and related forms, click here:
You can check out the program and sign up here: 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