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Humana Workers' Compensation Services v. Home Emergency Services3/13/2003
ying suit.
We therefore hold that this policy applying to "bodily injury by accident" does not provide coverage for claims against an insured for negligent spoliation of evidence. Our holding here is consistent with the Fourth District decision in Norris as well as decisions of other jurisdictions. See Johnson v. Evan Hall Sugar Coop., Inc., No. 2001 CA 2956, 2002 WL 31888182 at *3 (La. Ct. App. Dec. 30, 2002) (holding spoliation claim was not derived from plaintiff's bodily injuries but rather from "completely separate incident" where evidence was destroyed); Fremont Casualty Ins. Co. v. Ace-Chicago Great Dane Corp., 739 N.E. 2d 85, 91-92 (Ill. App. Ct. 2000) (holding damage suffered in spoliation claim is inability to prove underlying action, which does not fall within plain and ordinary meaning of term "bodily injury"). Accordingly, we quash the decision below and remand to the district court for proceedings consistent with this decision.
It is so ordered.
ANSTEAD, C.J., and PARIENTE, LEWIS, QUINCE, CANTERO, and BELL, JJ., concur.
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