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To: Thomas M. who wrote (15732)	9/2/2000 4:21:31 PM
From: Ken98	Respond to of 436258

Tom, I could not find the specific case I was thinking about, but found several cases saying essentially the same thing. The other thing I did find though was that a number of states let banks limit their liability significantly: <<Bank shall not be liable for the loss or disappearance of the contents of any safe deposit box or any part thereof, unless such loss or disappearance occurs by reason of gross [**2] negligence, fraud or bad faith on its part.>> This is one that a Florida court upheld. Ask any lawyer how hard it is to prove "gross negligence". And, if the bank "just" burned down then the bank would not be liable for the loss of your contents. The long and short of it would be then that you should choose the bank where your box is carefully. Also, make sure that the contents are scheduled on your homeowner's policy if they are worth a lot of money.