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TIMBER TECH v. HOME INS. CO.

No. 35642.

55 P.3d 952 (2002)

TIMBER TECH ENGINEERED BUILDING PRODUCTS, Appellant, v. THE HOME INSURANCE COMPANY, a New Hampshire Corporation; Travelers' Casualty & Surety Company, F/K/A Aetna Casualty & Surety Company, a Connecticut Corporation; and Perkins General Contractors, Inc., a Nevada Corporation, Respondents.

Supreme Court of Nevada.

October 18, 2002.

Attorney(s) appearing for the Case

Beckley, Singleton, Chtd., and Daniel F. Polsenberg, Las Vegas, for Appellant.

Barron Vivone Holland & Pruitt, Chtd., Las Vegas, for Respondent Perkins General Contractors, Inc.

Haney, Woloson & Mullins and Wade B. Gochnour, Las Vegas, for Respondent The Home Insurance Company.

Morris Pickering & Sanner and Rebecca A. Risse, Las Vegas, for Respondent Travelers' Casualty & Surety Company.

Before YOUNG, AGOSTI and LEAVITT, JJ.

OPINION

AGOSTI, J.

This case asks whether Nevada should permit recovery in tort for spoliation of evidence. Appellant Timber Tech Engineered Building Products ("Timber Tech") sued the respondents, The Home Insurance Company ("Home"), Travelers' Casualty & Surety Company ("Travelers"') and Perkins General Contractors, Inc. ("Perkins"), for their failure to preserve certain evidence that was relevant to...

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