KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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smokes and Disclaimer Notice /  Insurance procurement question
June 22,  2017
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smokes and Disclaimer Notice
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Ken
    I believe I’ve mentioned before there is at least one manufacturer sold thru distribution that has achieved U.L. listing for their 110v smoke detectors to be connected for monitoring by a remote station.  They provide a model with a relay on-board for connecting with proper fire-wire to the residential alarm panel.  When 3-conductor 110volt cable connects all the smokes on one circuit, the one closest to the alarm panel may be a model with a relay and contacts. We try to get monitored smokes in all bedrooms, on each level, and outside all bedroom areas. We also go for heats in the kitchens and garage.  Some of the old guys remember when one or two smokes were common on alarms. I’d note on the additional Disclaimer Notice that you recommend in all areas required by current code, if the homeowner decides not to spend the money.
Ray Y.
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Response
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    The All in One Agreements are more than adequate to protect you from subscriber claims.  Nevertheless, the Disclaimer Notice was designed as additional protection and it does serve different purposes.  While the All in One Agreements focus on what the subscriber is getting, the Disclaimer Notice focuses on what the subscriber is not getting and what's been offered, suggested or recommended.  The Disclaimer Notice is the ideal spot to document that a subscriber has insisted on omitting coverage that is customary or required by code, assuming you're willing to install it that way.
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Insurance procurement question
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Ken,
    We have a prospective client we are installing a video surveillance system for, a commercial property. We are using your All-in-One commercial contract.  We have gotten some questions and push back on the insurance statement. Can you clarify why that statement is necessary and how we explain that to them?
    Specifically, the question has come up, "if we are paying for the system up front, why do we have to list you as additional insured?"
    Any help is appreciated! Thank you!
Respectfully,
Megan
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Response
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    Before I suggest anything else, let me point out that you are about to commit the first cardinal sin in alarm contract negotiation.  You are not suppose to explain any contract provision to the subscriber.  You should not even try.  Your response to a question should be limited to offering to read the contractual provision to the subscriber or suggest that they might want to consult with their own counsel.  You are neither qualified nor permitted to explain a legal document.  You can offer that the contract was prepared by your company counsel, it's an industry standard form and your insurance carrier required you to use it.  
    The "insurance statement" you refer to is the Insurance Procurement clause and that provision was the topic of my article on June 14, 2017.  You can read it on our website at https://www.kirschenbaumesq.com/article/understanding-the-insurance-procurement-clause-june-14-2017
    For your own edification, the insurance procurement clause is important even if

    By naming you as an additional insured

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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
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