You arrived at a remote estate to prep for a move. The lockbox code failed. The client was on a flight and unreachable. Panicked about the deadline, you broke a small basement window to gain entry, intending to pay for it later. A storm rolled in, and rain through the broken window ruined the hardwood floors.
Key Takeaways
- Intentional Acts Exclusion: You intentionally broke the window. Insurance covers accidents. They will deny the window claim.
- Consequential Damage: The rain damage might be covered if the insurer views the storm as an “occurrence,” but they will likely argue it stemmed from your intentional act.
- Trespassing Risk: By breaking in, you technically committed breaking and entering. Insurance rarely covers illegal acts.
- “Emergency” Defense: Unless life was in danger, “meeting a deadline” is not a legal justification for breaking and entering.
The “Why” (The Trap): “Expected or Intended Injury”
I reviewed ISO Form CG 00 01, Section I – Exclusions:
a. Expected or Intended Injury: “Bodily injury or property damage expected or intended from the standpoint of the insured.”
You intended to break the window. Therefore, the window is not covered. The rain damage is a gray area, but since it resulted directly from your intentional act, a strict adjuster will deny that too.
The Investigation: The “Good Intentions” Claim
I asked claims adjusters about this “MacGyver” moment.
1. The Strict Interpretation (Progressive Commercial)
- Verdict: Denial. You cannot destroy property to do your job unless authorized.
2. The “Resulting Damage” Argument
- My Analysis: You might get the floor covered if you argue the rain was unexpected. But you are definitely paying for the window.
3. Client Authorization
- My Analysis: If the client texted “Do whatever it takes to get in,” you have a defense. If you acted unilaterally, you are liable.
Comparison Table: Intentional vs. Accidental
| Action | Covered? | Why? |
| Trip and break window | Yes | Accident |
| Break window to enter | No | Intentional |
| Break window to save pet from fire | Maybe | Emergency Mitigation |
[IMAGE: Graphic of a ‘Lockbox Failure Protocol’ checklist]
Step-by-Step Action Plan
- Board It Up: Immediately seal the window. You have a duty to “mitigate further damage.”
- Admit Fault: Tell the client. “The code failed, I made a judgment call to enter, I will pay for the glazier.”
- Don’t File a Claim: The window costs $300. Your deductible is likely $500. Filing a claim puts a “Property Damage” mark on your record for $0 payout. Pay cash.
- Locksmith Protocol: Next time, call a locksmith. They are bonded and insured to open doors.
FAQ Section
Is a locksmith covered by insurance?
No, that’s a business expense you pay to get in.
What if the client gave me the wrong code?
It’s still your choice to break the window. The client’s error doesn’t authorize destruction of property.
Can I claim I thought there was an emergency?
Only if there was reasonable belief (e.g., smell of gas). “Being late” is not an emergency.