To the OP: if you in fact are a lawyer investigating an insurance claim, why not look at the information BMW publishes in its owner's manual rather than relying on anonymous (sometimes a synonym for clueless) contributers on an internet discussion board? Who in the world would pay you to do this?
(Incidentally, and perhaps of no relevance to your issues: when I picked up my Comfort Access-equipped car in Munich in 2008, I had been warned by BMW not to expect the insurer to respond to a theft claim unless I could produce or account for both keys.)
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