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Understanding the Insurance Procurement Clause
June 14,  2017
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Understanding the Insurance Procurement Clause
    Can you explain the insurance provision in the Commercial All in One Agreement and why it is imperative that the subscriber lists the alarm company as additional insured?
Megan Ingala
Watchmen Security
Raytown, MO
    You are referring to the Insurance Procurement Provision.  While not "imperative", it is important and could be the most significant basis for having a claim against you dismissed. or even better, averted.
    The insurance provision serves a number of purposes:

  • it requires the subscriber to get insurance covering its potential losses
  • it provides insurance for the indemnity that's required
  • it provides a leval of insurance protection to the alarm company
  • it will serve to prevent the subscriber's insurance company from suing the alarm company
    Here's the reasoning. 
           The "message" that the Standard Form Agreement tries to make clear [and all these agreements accomplish this goal] is that the alarm services do not offer insurance coverage; that the subscriber should carry sufficient insurance to cover any loss that the alarm or security services are designed to detect.  By requring insurance you make is clear that you and the subscriber are agreeing that it's the subscriber who is going to bear the risk of loss, accept the responsibility of risk of loss.  

    The Standard Form Agreement requires the subscriber to indemnify you.  By requiring the subscriber to get insurance and name you as an additional insured you know that the indemnity obligation is now backed by insurance coverage.
    You can never have too much insurance, especially in the alarm / security / fire business.  You can always use another level of coverage.  By adding you as an additional insured you get another policy to rely on if there is a loss that you have to defend and potentially pay.  Keep in mind that not all claims comes from the subscriber or it's insurance company.  Sometimes third parties bring lawsuits.
    An insurance carrier cannot bring a lawsuit against its own insured to reimburse it for paying out the loss.  If you are named as an additional insured the carrier will not be able to sue you under its subrogation rights if it pays the subscriber on a loss.
    The Insurance Procurement clause is an important feature of the All in One Agreements, but not the only protective provision.  You should strive to retain this provision in your agreement when negotiating with the subscriber.

Good News Announcements:
Kirschenbaum & Kirschenbaum PC adds two new attorneys to its Alarm Division:  Jonathan Rogoff, Esq., has been promoted from Law Clerk to Staff Attorney in the Alarm Licensing Division.  Kieran Bastible,Esq. has joined the firm as counsel in the Complex Litigation Division.  Maureen Beil and Alision Gallub join the litigation department.


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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
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