Did Destruction of Evidence Result In Bodily Injury ?
In Norris v. Colony Insurance Co., 760 So. 2d 1010 (Fla. 4th DCA 2000), the Fourth District held that negligent spoliation of evidence was not covered by an insurance policy containing language which required that bodily injury be caused by an "occurrence" which was defined as an "accident." See: id. at 1011-12.
The court emphasized that the "basis of a cause of action for spoliation of evidence is 'an intangible and beneficial interest in the preservation of the evidence'" and concluded that "this occurrence, the destruction of evidence, did not result in bodily injury." Id. at 1012 (quoting DiGiulio v. Prudential Property & Cas. Ins. Co., 710 So. 2d 3 (Fla. 4th DCA 1998)).