proof of insurance / comment on Condo resident injury March 4, 2019

KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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proof of insurance / comment on Condo resident injury   
March 4, 2019
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proof of insurance 
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Ken
    I have a question. We have a large account that we have been doing business for over 20 years. Recently they asked for proof of insurance. 
I submitted the same certificate as I have had for the last 20 years. This time I am being told that unless I add my personal auto, hired autos, and any autos and general aggregate and a umbrella policy to it I would not be paid for the last invoice.
    Yes it had commercial liability, workers comp, and even had them listed as additional insured. 
    To me they are changing the ground rules after the fact. Is this something that is legitimate? 
Please withhold my name. 
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Response
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     You might be surprised how stupid and rigid some people are.      Did you ever play the game "telephone". Well what do you think happens when the broker tells the owner, the owner tells the VP, the VP tells the property manager, the property manager tells the "vendor coordinator"? Here's what. A set of rules that may make no sense for a particular contractor, like an alarm contractor, or in some cases, any contractor.
     What if your business is monitoring only. What the heck does the subscriber need to know if you have auto insurance and be named on the policy. Even if you are providing repair or installation, maybe you never drive onto the subscriber premises, which is usually the case in New York City. 
     When you're going to contract the customer can ask for any insurance it wants, insist on it, and if you want the job you need to get the insurance and comply with the contract terms. However, once you have a contract the customer can't change the terms mid-term [neither can you, by the way]. 
     My guess, you don't even have a contract. You want your "last" invoice paid, then do what the subscriber demands.
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comment on Condo resident injury from February 18, 2019 article
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Ken, 
This sounds like either a BS ruling by the court or the plaintiff's attorney didn't bring the proper case to court. I can't believe that the Condo had no duty to provide access to the owner to his rightfully owned residence and upon not providing that access were accessories to exposing the plaintiff to the attack. 
Or said otherwise. If the Condo had provided him with what was rightfully his (access to his property) the attack would not have occurred. 
    The exculpatory clause doesn't excuse the Condos unlawful and neglectful denial of access to the owners property. 
Gene 
Reliable Alarm 
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Response
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    You have to ask yourself, what does logic have to do with it?       When it comes to the law, often the answer is, "nothing". You make a lot of assumptions.
      The condo may have had a duty to provide a code, but the issue wasn't that the code wasn't going to be provided, it just hadn't been provided yet. The duty to provide the code is established in the condo rules, not logic.
      By not providing the code it can hardly be said that the condo was an accessory to the assault. There is nothing in the case to establish that there was some known dangerous situation, criminal element larking about the gate, and even if there was, an attach off premises is likely not actionable. A landowner does have a duty to provide for the safety of those on its property, but the level of safety measures is generally related to the likelihood of criminal activity. It has to be likely, not possible.
       In the lawsuit the condo did not cause the attack and had no reason to anticipate the attack. The failure to provide the code was not "unlawful" though it may have been "negligent" The condo rules had an exculpatory provision that the court enforced.
       Will the court enforce the exculpatory clause you rely on in your contract [assuming you have a contract]? Better not find out when it's to late. Get the Standard Form Agreements at www.alarmcontracts.com and worry less.
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I am looking forward to meeting all Concierge Clients in Las Vegas at ISC West​ in April.  Please make arrangements with Stacy Spector,Esq.
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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