The decision of whether and when to give an insurer notice of a circumstance that could give rise to an insurable claim has many implications, including potentially on the duty to preserve evidence. Failure to give notice could risk losing insurance coverage, but giving notice could put you at risk for spoliation claims if potentially relevant evidence is subsequently lost and litigation ultimately ensues.

Please join us as we discuss the interplay between the decision to give notice of a potential claim to an insurer and the obligation to preserve evidence with respect to that potential claim. Issues that will be discussed include:

  • When is it appropriate to give notice to an insurer of a circumstance that may give rise to a claim?
  • What factors do courts consider in determining whether the obligation to preserve evidence with respect to a potential claim has been triggered?
  • Policies and practices to address the interplay between giving an insurer notice of potential claim and the obligation to preserve evidence with respect to that potential claim.

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Of Related Interest

Preservation Obligations and Insurance Policy Notification Clauses
December 2010 Tip of the Month

Learn more about Mayer Brown's Electronic Discovery & Records Management practice.