If my home is burgled without the door being forced, will my insurance pay out?

Question

José Manuel Alburquerque · Accepted Answer

It may pay out, depending on how they got in and what your policy says. If they opened the door with a picklock, with a copy of the key made without your permission or with keys that you lost or that were stolen from you, the Spanish Criminal Code (“Código Penal”) treats it as burglary even if nothing appears to be broken, so in principle it falls within the burglary cover. If the door was open, or they got in through an open window without having to climb, it is theft, which many policies do not cover or only cover up to a limit. Even so, a clause that leaves you without cover for not locking the door or not setting the alarm can be challenged if it is not highlighted and signed separately. In every case, what matters most is being able to prove how they got in. Burglary or theft The “Ley de Contrato de Seguro”, Spain's Insurance Contract Act, speaks of “sustracción ilegítima” (unlawful taking) and does not distinguish between burglary and theft. It is the policies that usually cover only burglary, that is, taking property using force on things or violence or intimidation against people. Under the Criminal Code, using false keys counts as using force. And false keys include picklocks, genuine keys that have been lost or stolen, any other key that the owner has not designated for opening that lock and also key cards and remote controls. Some courts take the view that a policy covering “sustracción” (taking) also covers theft. Others do not. It depends a great deal on how the policy is worded. How to prove it Report it straight away to the “Mossos d'Esquadra”, the Catalan police, or to another police force and ask them to examine the door and the lock. Ask a locksmith for a report on the lock. Opening a lock with a picklock or a bump key usually leaves marks that a professional will recognise. If you had previously lost your keys or had them stolen, provide the report you made to the police of that loss or theft. Notify the insurer within seven days and, within the following five days, send it a written list of what was stolen with its value. The policy clauses If the door was left open, the insurer may argue gross negligence. The law only releases the insurer from paying if the carelessness was genuinely serious, not for just any oversight, unless the policy says otherwise. Clauses that exclude burglary if you did not lock the door, did not set the alarm or left your belongings unattended may be clauses limiting the rights of the insured. The “Tribunal Supremo”, Spain's Supreme Court, said so in 2025 about an exclusion for leaving a loaded lorry “sin la debida vigilancia” (without due supervision). If that is the case and they are not highlighted and signed separately, they cannot be applied to you.