Rebecca Wright and Steven Alsip spoke on “Negative Inference Cases: Your Invisible Smoking Gun” at the National Association of Subrogation Professionals 2018 Subrogation Litigation: Skills and Management Conference. This session discussed strategies for attorneys to carry the burden of proof required to win at trial (or reach a favorable settlement) in cases where the crucial evidence in a property damage claim has been destroyed or badly damaged. Topics included the role of circumstantial evidence, specialized discovery, social media, the relevant statutory and lease provisions at play, and recent changes to the NFPA’s position on negative inference.

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