Lexington Insurance, a Chartis company, has introduced Spoliation Insurance, a new coverage designed to protect against claims arising from direct physical loss or damage to property that serves as material evidence in a legal proceeding.
Lexington said Spoliation Insurance insures against liability for monetary damages, settlements and defense costs for claims alleging a breach of professional duty.
This breach involves the failure to preserve property of evidentiary value belonging to others that is in the care, custody and control of the insured.
According to the Lexington, the Spoliation Insurance is available as an enhancement to its Architects and Engineers Professional Liability policy. Lexington anticipates expanding this coverage to other lines of business in the future.
Lexington Insurance Company assistant vice president Robert Rogers said many states recognize a separate spoliation tort action for the destruction, alteration or loss of evidence. Insureds that are legally obligated to pay damages due to the loss of such evidence can now be protected.