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Home » Topics » Columns » Security & the Law

Security & the Law
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Security & The Law Feature Image w/ Les Thumbnail

Did a Labor Law Violation Occur?

Lessing E. Gold
Lessing E. Gold
September 19, 2011
In a recent case before the Supreme Court of the state of New York, the plaintiff claimed that a security alarm company violated Labor Law §240(1). The man wanted damages for injuries sustained when he was working on a ladder that allegedly shifted, causing him to fall to the floor. The plaintiff was a journeyman electrician employed by a third-party defendant contractor, and he was installing cables for a security system that was undergoing renovation.
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Security & The Law Feature Image w/ Les Thumbnail

Does Gross Negligence Trump Contract?

Lessing E. Gold
Lessing E. Gold
August 9, 2011
A case was recently decided by the United States District Court in the State of New York regarding the impact of a claim for gross negligence on a contract’s waiver of subrogation provision.
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Secondary Evidence Helps Enforce Contract

Lessing E. Gold
Lessing E. Gold
July 18, 2011

An action in the United States District Court for the District of Massachusetts against an alarm company arose out of a fire that caused extensive damage to a property. The insurance company made payment to its insured in excess of $400,000 for the damages sustained from the fire according to the terms of the policy. Then, more than one year after the fire occurred, the insurance company brought an action against the alarm company for negligence, breach of contract and breach of warranty, seeking to recover the payments made to its insured.


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Was the Alarm Too Loud?

Lessing E. Gold
Lessing E. Gold
June 22, 2011

A rather interesting case was filed in the United States District Court for the District of Oregon against the United States. The action was a claim for negligence against the defendant arising out of alleged injuries to her hearing as a result of an alarm on a United States Postal Service (USPS) vending machine. The USPS office used a vending machine to dispense postal products to the public.


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Allocating Loss to Insurance Carriers

Lessing E. Gold
Lessing E. Gold
May 12, 2011

A recent case decided by the United States District Court for the Eastern District of Tennessee discussed many of the issues important to an alarm dealer including insurance.


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A Contract Trumps Oral Representations

Lessing E. Gold
Lessing E. Gold
April 11, 2011

 In a case before the Court of Appeals of the state of Florida, the court sustained the ruling of the Circuit Court that granted a summary judgment in favor of the security company resulting from an action against it for breach of express warranty and fraud arising out of a fire loss to a customer’s home. 


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A Case of Fairness

Lessing E. Gold
Lessing E. Gold
March 8, 2011

In a recent Louisiana case, the plaintiff, a national corporation that sells, installs and monitors residential security systems, entered into a contract whereby the defendant agreed to sell alarm monitoring accounts to the plaintiff, along with the right to receive monthly payments for monitoring services under the recurring monthly revenue (RMR) accounts.


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Plaintiff’s Duty to Insure Against Loss Releases Alarm

Lessing E. Gold
Lessing E. Gold
January 31, 2011
A recent case in the state of New York arose out of an overnight burglary of the plaintiff’s bank and vault. On the date of the loss, one of the defendant alarm companies was obligated by written agreement to provide a central station burglar alarm system to protect the plaintiff’s premises.
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Limitation of Liability Prevails

January 1, 2011
In a recent case in Minnesota, the United States District Court for the District of Minnesota granted a motion for summary judgment in favor of an alarm company and effectively
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Taxation & Interstate Commerce in a Monitoring Case

Lessing E. Gold
Lessing E. Gold
October 1, 2010
A very interesting, yet controversial, case regarding the taxation of an alarm company in Arizona was recently decided by the Court of Appeals in the state of Arizona. The alarm
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