The extent to which a loss scene can be altered before adversaries can legitimately cry spoliation has long been a mysterious battleground in the world of subrogation. In the case of In re Xterra Constr., LLC, No....more
7/11/2019
/ Abuse of Discretion ,
Breach of Contract ,
Destruction of Evidence ,
Discovery ,
Discovery Disputes ,
Duty to Preserve ,
Motion for Sanctions ,
Negligence ,
Spoliation ,
Subrogation ,
Vacated
In Amerisure Ins. Co. v. Rodriguez, 43 Fla. L. Weekly 2225 (Fla. Dist. Ct. App., Sept. 26, 2018), the Third District Court of Appeals of Florida addressed whether a third-party spoliation claim should be litigated and tried...more