Transamerica Insurance Group v. Maytag, Inc.

Quillin, Presiding Judge.

Appellant, Transamerica Insurance Group (“Transamerica”), appeals from the trial court’s order which dismissed Transamerica’s complaint against appellees, Maytag Corporation, Inc. (“Maytag”) and Fretter, Inc. (“Fretter”) as a sanction for spoliation of evidence. We reverse.

This case arises out of a fire which caused damage to the home of Ronald and Carol Kane. Transamerica insured the Kanes’ home and its contents against fire loss. Transamerica paid the Kanes for their loss under the insurance policy and hired professional engineer Richard Kovarsky to investigate the…