Legal & Jurisdiction
Spoliation
Spoliation is the loss or destruction of evidence relevant to a claim, which can bar a recovery or trigger sanctions against the party responsible.
In subrogation, spoliation usually means the physical proof of a loss was discarded before it could be examined: the failed appliance, the wrecked vehicle, the defective part. Because that evidence often establishes who was at fault, losing it can defeat the recovery or expose the party who destroyed it to penalties. Sending a timely notice to preserve evidence is a standard safeguard.