KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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whats with this E&O policy that's half price / comments on ADT sued for failing to report fire
August 9, 2018
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whats with this E&O policy that's half price
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Ken,
    Would you mind providing me your professional opinion on this GL quote and mainly understanding the Joinder Agreement. Is a Joinder Agreement common? This company offered us a GL insurance quote, half our renewal rate with Alarm Insurance, and I wanted to get your opinion.
Also thoughts on the Cyber Data Breach Response Coverage they are offering below.
Thank you!
Nicholas
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Response
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    You sent me the policy and premium quote from Security America Risk Purchasing Group, the successor plan to Security America Risk Retention Group. In order to get a policy from SARPG you need to be a member of the group, and that's what the "joinder agreement" accomplishes. There's no charge to join the group and once you do you are eligible to buy the insurance from SARPG. A Risk Purchasing Group is a legal entity that allows a group of unassociated businesses with similar risk profiles to join together to take advantage of a joint insurance purchase. The program was established under the Federal Liability Risk Retention Act of 1986. 
    The group is sponsored by ESA, the national alarm association. The Claims Administrator is Bart Didden and I have consistently recommended the program. You can call them directly, without a broker, or you can ask your broker to call them for a quote. 
    The program is owned and operated by the members of the group. It's of course focused on the alarm industry, run efficiently and there is an understanding of issues essential to the alarm industry and especially managing claims. Because of that the premiums are lower. SARPG is worth a call to compare your current insurance E&O. 
    SARPG also offers a 5% discount when you use Kirschenbaum TM All in One standard form agreements. A good call because the contracts provide the best contractual protection available and that reduces the risk assumed by SARPG. SecurityAmericaRPG.com  SARPG is listed on The Alarm Exchange
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comments on ADT sued for failing to report fire from July 26, 2018 article
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Ken
    Interesting, but no fire alarm was received, only troubles, both not dispatchable.
anon
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Ken,
    This article is chilling to the bone. The loss of life is catastrophic with so much pain afterwards.
    I use your contracts and am so happy that I do to protect me and my company.
 If this ev ap pens to a local alarm company and our central station makes a mistake such as this, what you are saying is that we would be protected? I am reading this out of the office. Where in your contract indicates that we are protected? Is there any more that I can do?
Thanks for all your help
Paul
NJ Alarm Company 
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Ken
    The loss of life is very regretful and unfortunate, regardless of how or why; however, did the young lady have a fire detection system, and was it monitored? From your notes below, it appears the burglary detection system send the intrusion notification, which was acted upon. Under no circumstances should a burglary detection system be intended to detect the existence of fire signature.
Malcolm Reed, Director of Sales
www.SouthwestDispatch.com
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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