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Lead Paint

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Question:

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Ken:

    Have any of your readers gotten up to speed on the new EPA ruling regarding disturbing lead paint during installations that will be in full effect in

April 2010? I have been in communication with a person from Illinois EPA who says the ruling does apply to alarm contractors.

    This matter was discussed at the recent ESA meeting in Dallas.

Regards,

Marsha Kopan

Executive Director

www.iesa.net

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Response:

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    Here is the link to EPA's site on this new law:

http://www.epa.gov/lead/pubs/renovation.htm

      It applies to building "renovation, repair and painting",  and disturbing lead paint.  I am not so sure alarm companies are involved in those activities.  In April 2010 the law takes effect and contractors engaged in the specified activities need to be certified.  There are loads of links on the above site so I won't post them here.  Anyone have more info let us know. 

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Comment on new technology

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Ken,

    I have to comment on what Gene (Reliable) wrote. We have been saying exactly what he said for a long time now. I have talked to manufacturer reps about this endlessly. The manufacturers have to get on the ball now. The manufacturers are using state of the art technology at their homes and businesses to run their companies. Do any of them use a 300 baud modem to check their email, make a phone call, and use their Blackberry and iPhone to check the news or log on a website? No….but when they get to work they build and sell us a product with technology from the 60’s.

    The famous Bell 103A dataset standard was introduced by Bell Labs in 1962. It provided full-duplex service at 300 baud over normal phone lines.

WAKE UP MANUFACTURERS!

Barry

CWR

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VoIP and POTS and Cyber Liability - Latest from Bart and Mike

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Ken:

    SWICHING FROM POTS LINE TO IP NETWORK---IT CAN BE CONFUSING AND IT’S ALL IN THE TERMINOLOGY;

    We all have buzz words to explain what is POTS Lines , Phone Line connection , PSTN (Public switched telephone network),  & Analog  Communications .  This group after talking with a few dealers & Insurance folks looks like  these are best called “POTS LINES”.

    Other buzz words used are VoIP, “All Digital “ , IP Platform. IP-VoIP, , Internet, .or Network.   This group again after reviewing –looks like these are best called “IP NETWORK”.

    I would very much like your input and a up or down vote  on the terminology , please extend this e-mail to anyone who has any ideas on how we should best express these crossroads of communications.

Thanks;

Mike Kelly Insurance Broker

800 329 5355

www.alarmchannel.com

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Response from Bart:

    Hello Michael,

    This e-mail request only adds to the mounting confusion and your insistence that there is a cyber liability that has been established upon alarm companies.

    My concern is that an insurance professional should not be spearheading an effort that blurs the lines of the terms you are looking to join for the purpose of fulfilling your goal of creating the need for an additional insurance product.

    If for no other reason but for clarity of the issue, could you please define for the alarm industry, as you are an insurance professional, what cyber liability is and how it applies to alarm company with some specificity to the way certain protocols are used by the alarm industry, other than your one commonly attached sheet that lists three case decisions to which you offer nothing other than the parties involved, rather than the actual written decisions.

    I will admit that the one thing you have been successful at is forcing members of the SARRG Board to talk about this issue and continue to try and figure out it you are correct or just creating a market.

    So far it has not been going your way.

Bart Didden

Security America Risk Retention Group

800-422-2300

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Response from Mike

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    Bart—thanks for your response,

    As an Insurance Licensed  Professional I have produced three (3) alarm Insurance Programs over the past 31 years,  we can all agree Insurance products for the alarm Industry can not have blurred confusion and must define the coverage’s and fit the exposures.  The reason for my last e-mail was to separate the exposures of communications and bring forward understanding of what is  POTS Line (Analog Insurance )  vs. IP (Internet Protocol ) IP Network Insurance.

    The IP Cyber Insurance Product is NOT new --- the Insurance Market responded to IP Internet liability 8 years ago when the worldwide web network came to be –some say the founder was Al Gore ?.    Back then e-mail and web site Liability for ” IP network” 3rd party protection ( as  today) is not found in a General Liability Policy for-- Identity Theft of data, Copyright /Trademark Infringement, Libel, Slander,  Personal Injury and False Advertising---  and was the base  then of the Cyber liability product.  I have extended the above coverage’s and included “Access Control” Crime Liability from ID theft of Biometric information (eye retina. fingerprint, voice print & face print) as  ID Theft and Crime Liabilities now affect both 1st & 3rd Parties (Clients & Employees) .  I have also added Other Coverage’s : loss of funds in unauthorized  network transfer ,  loss of income & extra expense (Including FTC Red Flag notification costs)  due to network cyber breach, & cyber extortion to name a few endorsements.

     Today—the FBI has confirmed  “IP Network Identity Theft is the number one Crime” , but Cyber Liability has moved far beyond  what once was just ID Theft.  With 45+% of homes and businesses switching from POTS Line to IP Networks   The Alarm Industry especially is exposed when Alarm,  PERS, Video, Access Control Installation & Monitoring is done over IP Networks . Some of the main exposures are due to the IP Network  connected to the worldwide web, a virus or hacker can come from anywhere in the world and inject malicious coding attacking  any software and  affecting  monitoring computers, or (office) network computers shutting them down and or causing data unauthorized  downloading.   The Insurance policy must have Worldwide Liability Reinsured Treaty Coverage, not just USA Territory--  for defense and indemnification.   This virus network breach will be viewed as negligence   on the part of the alarm dealer known as “Failure  to protect your Network”  and is a 1st party Liability.  As Other Liability exposures come from “Rogue Employees” or “Rogue Sub-Contractors “  selling or using  your IP network codes to access your networks, and then Acts Of Terrorism comes into the picture both from domestic and foreign parties,  to further cause “Failure to protect your Network” Liability.

    What is New about Cyber IP Network Insurance coverage’s ( In my professional view) is  it has Four (4) main sections of coverage’s. 1) Worldwide Liability to protect 1st & 3rd parties  2) Crime Liability 1st & 3rd Parties, 3) Media Liability e-mail, web site (see above exposures) but also e-Learning & e-networking E&O .4) Network RMR Loss of Income, extra expense, virus / hacking software /computer replacement & loss of funds transferred.

    I have enclosed our outline of Cyber coverage’s within the  AXIS IP-e Alarm Security Insurance Program for your review and comment.    I am open to review with you and the SARRG Board or an Insurance Company-- anytime on the Cyber Insurance issues.

    Your Input is Appreciated & Very Timely  ;

Mike Kelly

Agent / Broker & SL Broker 

Michael J. Kelly Insurance Agency