Safe Deposit Box Drilling Covered?

Our insured's dwelling and personal property were destroyed in a tornado. The keys to her lock box at the local bank are, of course, gone also. The bank box needs to be redrilled to obtain the contents. Is there coverage for the redrilling? She has a 1991 ISO form HO 00 02.

Michigan Subscriber

Although technically the key and lock belong to the bank, it seems harsh to deny a claim when a covered cause of loss has kept the insured from accessing her personal property.

We looked at the “pair and set” clause; although this refers to property owned by the insured, we think a stretch might be made to pay under this provision since, by virtue of a long-term safe deposit rental, the insured has a use interest in the box. Additionally, the argument can be made that the box serves to protect property for the insured, and, by extension, the insurer, so it is to the insurer's benefit to encourage the practice.

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