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Articles by Lessing E. Gold

Security & the Law: Willful and Wanton

May 1, 2009
In a recent Colorado case, the Court of Appeals of Colorado reversed a ruling of the lower court that had granted summary judgment in favor of the alarm company, holding
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Does the John Hancock Count?

January 1, 2009
The question of who has authority to sign a contact was examined in a Pennsylvania case decided in September 2007. It all began when an insurance company sought to recover
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Security & the Law: Which Prevailing Rate Applies?

July 9, 2008
Alarm companies, particularly alarm companies providing burglar and fire alarm services on public projects, are often faced with issues of “prevailing rate.” This was the subject of a recent case.
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This Alarm Contract is not a Contract of Adhesion

May 1, 2008
A complaint recently filed against an alarm company in the state of Kentucky had an old, familiar claim – the alarm contract was a contract of adhesion. The plaintiff insurance
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If the Obligation Emanates Only from Contract, No Tort Claim Is Available

April 1, 2008
In a recent case before the United States Court of Appeals, the court upheld a motion for summary judgment granted in favor of the defendant, a national alarm company, by
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Customer Turned down Maintenance Contract; Sprinkler Contractor not Liable

March 1, 2008
In a recent case in the state of Tennessee, the Appellate Court upheld a judgment of the lower court which found that the defendant, a sprinkler company, was not liable
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Beware of the Name

January 1, 2008
A question that frequently arises after a company has been sold is whether the name of the company sold (“Old Company”) can be used by anyone other than the buyer.
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When Does the Waiver of Subrogation Apply?

December 1, 2007
The question is frequently asked as to whether parties to a burglar or fire alarm contract can or should include a waiver of subrogation clause. A recent case in the
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Customer Defaults by Failure to Pay Fees

November 1, 2007
An interesting case was recently decided by the court of appeals in Tennessee raising the question whether the company has a duty to perform when the subscriber failed to pay
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Get a Background Check

October 1, 2007
In a recent case in the State of Georgia, a kidnap victim brought a negligent hiring action against a security company and its authorized dealer after she was kidnapped by
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