Insurer Spoliation Ruling Flags Continuing Duty To Preserve, Law360

Partner Sergio Oehninger, of counsel Sandra Kaczmarczyk, and associate Christopher Felton co-authored a Law360 Expert Analysis article about a federal court ruling imposing spoliation sanctions on an insurer for failing to preserve documents in long-running, opioid-related coverage litigation.

The authors explain that preservation obligations may extend beyond the conclusion of a particular coverage action when related litigation remains reasonably foreseeable. They recommend that parties in complex coverage disputes periodically reassess litigation holds, ensure routine deletion practices are appropriately suspended, and consider whether related claims could make preserved information relevant to future litigation.