Without Notice, Insurer Had No Duty To Preserve Evidence, 10th Circuit Rules

DENVER – A 10th Circuit U.S. Court of Appeals panel on Aug. 17 found that two insureds could not show as a matter of law that it was reasonably foreseeable that potential evidence that was destroyed by their insurer would be relevant for a personal injury suit that was filed four years after an underlying car accident (Russell J. Johnson, et al. v. Liberty Mutual Fire Insurance Co., No. 10-1132, 10th Cir.; 2011 U.S. App. LEXIS 17020; See 9/24/09, Page 9).
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