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  5. 456 N.W.2d 434 (1990)
 

FEDERATED MUT. v. LITCHFIELD PREC. COMP.

Nos. C6-89-2301, C1-89-2254.

456 N.W.2d 434 (1990)

FEDERATED MUTUAL INSURANCE COMPANY, Respondent, v. LITCHFIELD PRECISION COMPONENTS, INC., Appellant (C6-89-2301), and Robins, Zelle, Larson & Kaplan, Appellant (C1-89-2254).

Supreme Court of Minnesota.

Rehearing Denied June 19, 1990.

Attorney(s) appearing for the Case

Robert T. Stich, Stich, Angell, Kreidler & Muth, P.A., Minneapolis, for Litchfield Precision Components, Inc., appellant (C6-89-2301).

Bryan K. McKamey, Richard B. Allyn, Terrence R. Joy, Minneapolis, for Robins, Zelle, Larson & Kaplan, appellant (C1-89-2254).

Michael C. Lindberg, Johnson & Lindberg, P.A., Minneapolis, for respondent.

Heard, considered and decided by the court en banc.

POPOVICH, Chief Justice.

Respondent believed its subrogation action, arising out of a claim it paid for property destroyed in a fire, was nullified when certain evidence from the fire site was discarded. Without pursuing its subrogation claim, respondent brought this action alleging tort liability should be imposed on appellants for negligently or intentionally destroying this evidence under a new spoliation tort not yet recognized in Minnesota. In denying appellants...

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