CR 04 09–LESSEES OF SAFE DEPOSIT BOXES

(February 2026)

INTRODUCTION

Businesses that frequently keep securities or other property in safe deposit boxes can utilize this endorsement. However, it’s important to point out that it does not cover money stored inside the safe deposit boxes.

This analysis is of the 06 22 edition. Material changes are bolded, but format changes that do not affect coverage are not highlighted.

ELIGIBILITY

This endorsement can be added to the Insurance Services Office (ISO) Commercial Crime Coverage Form or Policy.

SCHEDULE

The endorsement schedule includes fields for the depository's name and address. It also has spaces to specify the insurance limit per occurrence and the deductible amount per occurrence for one or both coverages offered by the two insuring agreements: A.1. Fidelity and/or A.2. Forgery or Alteration.

ANALYSIS

This is an endorsement to the ISO Commercial Crime Coverage Forms and Policies and is subject to their conditions, definitions, and exclusions. The only changes are those within this endorsement.

INSURING AGREEMENT

Section A. Insuring Agreements of the policy or coverage form now include the following:

Lessees of Safe Deposit Boxes

·         Securities are covered for loss or damage from theft, disappearance, or destruction while in a vault safe deposit box inside the depository’s premises.

·         Since securities might be removed and deposited from time to time, coverage also applies for theft, disappearance, or destruction when they are temporarily outside the safe deposit box to remove or deposit them. However, coverage ends if the securities or safety deposit box leaves the depository premises.

Other Property – Not Money or Securities

Since other property may be removed and/or deposited periodically, coverage also applies to burglary, robbery, or vandalism when the property is temporarily outside the deposit box for removal or deposit. However, coverage terminates if the other property or safety deposit box leaves the depository premises.

NOTE: There is no coverage for money. In addition, coverage applies only at the named depository and at the locations listed on the endorsement schedule.

Example: The Greco Restaurant’s large safe deposit box contains securities valued at $50,000, restaurant memorabilia worth $50,000, and $5,000 in cash. When the owner visits the depository to check the contents, they find it empty. There are no visible signs of forced entry on or about the box or vault. The insurance covers the stolen securities, but the memorabilia is not covered due to lack of forced entry evidence. The cash is also not covered, as this endorsement excludes money.

LIMIT OF INSURANCE

The Limit of Insurance is the amount listed on the Endorsement Schedule for the Limit of Insurance Per Occurrence.  

DEDUCTIBLE

The loss amount must exceed the deductible indicated on the Deductible Amount Per Occurrence before any payment will be made.

EXCLUSIONS

1. Applicable to All Insuring Agreements:

a. Acts of Employees, ERISA Plan Officials, Manager, Directors, Trustees, or Representatives

This exclusion is revised to clarify that the depository is not regarded as the authorized representative of the named insured. As a result, coverage will now apply if the depository is responsible for causing the loss.

Example: Karina and Karina Medical Partnership has a safe deposit box at Mutual Bonding Trust Depository. A Mutual employee coordinates with outside individuals to access safe deposit boxes, including those of Karina and Karina. Coverage applies because the partnership’s policy includes CR 04 09, listing Mutual and its location address, and the depository is not considered Karina and Karina’s authorized representative.

2. Applicable to Specific Insuring Agreements:  

Coverage does not apply to the following:

a. Exchanges or Purchases

Loss incurred from surrendering or transferring property in any purchase or exchange.

b. Fire

Other property is not covered for any loss or damage that results from fire.

c. Property Owned or Held as Collateral

Loss of or damage to property owned or held as collateral by the depository or held in trust by the depository for more than 30 days.

d. Voluntary Parting of Title to or Possession of Property

Loss incurred by the insured or anyone acting on their authority due to fraud or dishonesty, leading to the voluntary surrender of title or possession of property.

NOTE: The exclusion for Transfer or Surrender of Property has been eliminated due to the 06 22 edition, which added an exclusion for Kidnap, Ransom, Extortion, and Other Unlawful Demands.

DEFINITIONS

Three definitions are added to F. Definitions in the Coverage Form or Policy.

Burglary

Taking property from within a locked safe deposit box located inside a vault on the depository’s premises, carried out by someone who unlawfully enters both the box and the vault. Visible signs of forced entry must be present on the exterior of the box and vault as proof of illegal entry.

Depository

This is a depository named and listed with a corresponding location on the endorsement schedule. Coverage only applies to the names and locations listed on the schedule, even if the insured has additional safe deposit boxes at different depositories during the policy period.

Example: Karina and Karina are unhappy with Acme Bank, the depository listed on CR 04 09’s schedule. On Friday, May 1, they transfer all their accounts and remove everything from their Acme safe deposit box. They then move all their belongings to Union Deposit and Savings Bank and store them there in a safe deposit box. After a long day, they decide to wait until Monday to contact their agent with the new depository information.

On May 2, Union Deposit was burglarized, and the thieves stole everything from their safe deposit box. Unfortunately, this loss is not covered because Karina and Karina did not update the depository information on the endorsement schedule.

Depository premises

This is the interior area of the depository or safe depository affiliate. If the depository is located in a multi-tenant building, coverage terminates when items leave the depository premises and enter shared spaces like hallways or staircases.

Example: Securities stored in Karina and Karina’s safe deposit box are removed and taken to the brokerage office located in the suite next to the depository. A thief grabs the messenger’s briefcase as he exits the depository premises. CR 04 09 does not cover this loss because it happened outside the depository premises, even though it was within an interior hallway of the same building.