Allianz Ins. Co. v. Otero, 353 F. Supp. 2d 415 (S.D.N.Y. 2004)

Key Insight: Where defendants maintained that there was more to a particular claim file than what was produced, that material was destroyed and that they were prejudiced, court denied defendants’ request for dismissal of all claims for negligent spoliation of evidence, finding that defendants had not established sufficient prejudice to warrant the extreme remedy sought

Nature of Case: Insurance coverage

Electronic Data Involved: Computer-generated claim file

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