Fremont Casualty Insurance v. Ace-Chicago Great Dane Corp.

Fremont Casualty Insurance Company, formerly known as Casualty Insurance Company, appeals from the trial court’s determination that it is required to defend its insured, Ace-Chicago Great Dane Corporation (Ace), in an action for negligent spoliation of evidence filed against it by Fred Grossman. Before discussing and analyzing the issues presented, it is necessary to give a brief recitation of the factual and procedural history of the case.

In 1992, Fred Grossman filed an action against Berg Ladders, Inc. (Berg), seeking damages for injuries he allegedly suffered when, during the course of his…