Case Law Update: Spoliation of Evidence

The 5th District, in United Fire & Casualty v. Keeley & Sons, No. 5-06-0307 (May 2, 2008) St. Clair County (SPOMER), reversed the trial court and remanded for further proceedings on the grounds that the trial court erred when it denied insurance company’s motion for summary judgment in declaratory judgment complaint. General liability and commercial umbrella policy does not give rise to duty to defends or indemnify complaints against employer of injured workers at construction site for spoliation of evidence due to alleged destruction or disposition of I-beam on which employees fell.

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