An insured should be able to overcome an insurer’s claim that the insured’s sale or disposal of property is not “spoliation” of evidence. There are many legitimate reasons why an insured may either sell their home or depose of damaged personal property after an insurer denies or fails to fully pay a claim. When an insurer does not fully pay to repair a home after it suffers significant damage, rendering the home inhabitable, an insured often does not have funds. Selling the property is often a more viable or the only solution to maintaining two households. As to damaged personal property that is a total loss, it often makes sense to dispose of the property rather than have it take up room in one’s home or pay for storage.
Continue Reading Selling or Disposing of Evidence Is Not “Spoliation” of Evidence – Countering an Insurer’s “Spoliation”