An insurer’s attorney locates evidence showing the insured was aware of the issue before the accident. What should the attorney do to protect the record?

• A. Destroy the evidence to make the defense stronger.
• B. File a motion to suppress the evidence.
• C. File a motion in limine to exclude the evidence.
• D. Preserve the evidence as part of the record.

Answer: (D)

The main concept is the duty to preserve evidence and maintain the integrity of the record when litigation is anticipated. When evidence shows the insured knew about the issue before the accident, the attorney should preserve that evidence as part of the case record. Preserving avoids spoliation, which can lead to sanctions, adverse inferences, or other penalties that prejudice the defense or the insurer. By securing the evidence, documenting its source, and maintaining a proper chain of custody, it remains available for admissibility and review.

Destroying the evidence would create serious risk of sanctions and undermine the defense. While motions to suppress or in limine can be relevant later to challenge admissibility, they do not proactively protect the record the way preservation does. Preservation ensures the record remains complete and admissible for whatever motions or hearings may come, and supports proper consideration of the case facts.