Comment on Central station operators working / Comment on advice to buddy September 6, 2023
KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Comment on Central station operators working / Comment on advice to buddy
September 6, 2023
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Comment on Central station operators working from home from article on August 9, 2023
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Ken
I think you absolutely hit the nail on the head. Whether one cares about operators working remotely or not, there is a contract between the alarm company and the monitoring center, and between the alarm company and the subscriber. I'm sure you've seen more contracts than I have, but I've never seen a proposal or contract that said "your account MIGHT be monitored from our UL listed, redundant facility" ... and whether it's ambiguity or a breach, it creates some very scary liability.
Personally, I think the biggest issue here is not whether ABC Alarm Company is comfortable with its alarms being handled by someone sitting in a Dunkin Donuts on the side of the highway, but whether they even KNOW. There's a big problem with transparency as far as who is and who isn't requiring operators to stay in their facility(ies).
A handful of monitoring centers have come out and said "the signals stay here, period" a few have come out and said "sometimes our operators work remotely," and quite a few of them haven't said a word... I don't expect Jeff Zwirn to get any takers on his offer to debate.
Dave Schwartz
EMES in Life Safety
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Response
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So far there are no takers for a debate with Jeff Zwirn. Also, we haven’t heard from a single central station [or dealer for that matter] who admits to having operators working from home or is willing to support the practice. I just read the August 2023 Security Sales & Integration magazine [in print] and there are a bunch of central station’s profiled. I confess I didn’t read the articles carefully enough to state with certainty, but I don’t recall seeing any profiled central station mention [or brag] about having operators working from home. But what struck me as [sadly] comical were the several pictures of central stations proudly showing off the central station facilities. There wasn’t a single operator sitting at a kitchen table, couch or other obvious home location. Guess you can draw your own conclusions about that.
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Comment on advice to buddy from article on August 11, 2023
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Ken:
In reading about the 5-10 accounts about the ‘buddy’ and you stated he needed to crawl back under the rock he has been living under for the past 35-years, I doubt there will be any such rock as some insurance company will take that as well in the settlement agreement – as well as the shirt off his back, his car …….etc, etc etc
*When I was moving into our current facility I contracted with a fence company. The installation date passed and I queried the owner when would the crew be there to start. He replied he was now out of business as he had not called ‘dig right’ and they had hit an underground power line. Power & Light took all of his assets (vehicles, tools, house) as he was NEGLIGENT in not calling ‘dig right’ –
Yep, stranger than fiction – not making a phone call to save your company! SHEESH!!!
Just my 2-cents!
Respectfully,
Joseph (Joe) Pfefer, President & Founder
Jade Alarm Co
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another comment
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Ken
Thank you for your response.
I think everybody appreciates your advice whether people use your contracts or not but in this instance it sounds like your advice would be for my buddy who is retiring to simply purchase your contracts and use them for these remaining gratis accounts and he'll be covered. Is that about it? Does he still have to have sleepless nights about insurance coverage or it seems like your implication is if he buys your contract he shouldn't have to sweat it since he is not charging for his services anyway or do you have a separate contract for this type of environment where the alarm retiree is donating his service but doesn't want exposure and having to go to through the expense of insurance?
Much thanks and respect
Jerry
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Response
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For those that need a reminder of the original email, the alarm company owner didn’t bother with contracts for his entire 35 year business, now sold, but wondered about liability for continuing to handle 5 to 10 accounts for friends and relatives. Of course he needs a contract to protect him from the friends and their insurance companies if there is a loss. The accounts, without contracts, will end up being worth what his 35 years of contracts were worth, close to nothing, or at least a lot less than they should have been worth.
Don’t do security, fire, alarm work without a proper K&K Contract.
What about carrying E&O insurance? I would never suggest that you don't have E&O coverage. The K&K Contracts may be the best contractual defense you can get by contract but the contracts won't defend themselves, and they won't pay the claim if for any reason you are found liable. Just defending a claim will bankrupt your buddy. And, the claim is not likely to come from his family member or friend, it's going to come from their insurance carrier who pays their claim. Think the friend or relative will give up the claim, not submit a claim with their carrier so that the alarm guy doesn't get sued? Think this alarm guy can get a central station to monitor when there is no contract? And, not just monitor, but monitor for this guy who doesn't use contracts without making him sign a Central Station Dealer Agreement with an indemnity provision in it? Maybe it turns out the cs operator made a big mistake and the loss never should have happened [however a judge or jury] arrives at that decision] and now the cs turns to the retired alarm guy for indemnity. Do I make it sound just plain stupid? I hope so because I'd like to describe it and your buddy in more colorful ways, but won't. He needs contracts and he needs E&O coverage and then he can sleep at night.
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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