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Avoiding Evidence Spoliation

The duty to safeguard evidence doesn't end when a claims file is closed. Insurers and claims adjusters beware.

By Wayne Partenheimer | Updated on March 29, 2012
The fire at your insured’s second-floor offices six months ago caused heavy damage to his business and to the company on the first floor. Since then, you and the claims adjuster for the downstairs firm, along with your cause and origin experts, have inspected the scene.

As suggested by the evidence (and mutually agreed upon by the experts), the fire was electrical in nature and originated in one of your insured’s computers or was caused by an electrical cord or power strip connected to a computer. The wires, cords, computer, and power strip were photographed by both experts and retained by yours.

About two months after you settle the claim, your expert e-mails, asking for permission to discard the evidence he collected. After considering the many photographs taken and that the other claims adjuster has paid his insured—and that you are incurring a monthly storage fee on the file—you e-mail your expert to report that the file is closed and that he may destroy the evidence.

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