Did you miss our recent presentation on Spoliation of Evidence in Florida? We broke down what claims professionals need to know.

• Spoliation of evidence is the intentional or negligent destruction or alteration of evidence.
• Always maintain a clear action plan for preserving evidence.
• Discuss with the insured what must be preserved, determine the best preservation method, and memorialize all actions taken.
• Remember: the duty to preserve is not automatic; it arises by statute, contract, court order, or once litigation is reasonably foreseeable.
• Valid demands must be properly served, specify time and location, and avoid vagueness.
• Ensure discovery responses align with what was actually preserved.
• Document all preservation efforts to defend against future claims.
• There is no specific statute defining spoliation; it is governed by case law.
• Courts have inherent authority to sanction misconduct. Sanctions may include adverse inference instructions, exclusion of evidence, monetary penalties, dismissal, or default judgment.
• Courts weigh culpability, the importance of evidence, and prejudice when deciding sanctions.
• Bottom line: prompt and secure preservation of evidence is essential to avoid sanctions for spoliation.

Whether you’re looking for claims assistance or interested in scheduling a complimentary CE for your team on this or others, we’d love to connect. Reach out to us at: info@kubickidraper.com.