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ALLSTATE INS. CO. v. DOOLEY

No. S-13331.

243 P.3d 197 (2010)

ALLSTATE INSURANCE COMPANY and Wayne Watson, Petitioners, v. Ron DOOLEY, Respondent.

Supreme Court of Alaska.

November 12, 2010.

Attorney(s) appearing for the Case

Peter J. Maassen , Ingaldson, Maassen & Fitzgerald, P.C., Anchorage, for Petitioners.

Danée L. Pontious and Ray R. Brown , Dillon & Findley, P.C., Anchorage, and Christian N. Bataille , Walther & Flanigan, Anchorage, for Respondent.

Before: CARPENETI, Chief Justice, EASTAUGH, FABE, WINFREE, and CHRISTEN, Justices.

OPINION

CHRISTEN, Justice.

I. INTRODUCTION

Allstate Insurance Company (Allstate) and Wayne Watson, an Allstate attorney, seek review of an order denying their motion for partial summary judgment. Allstate and Watson argue that an action in tort for spoliation of evidence may only be maintained where evidence is permanently lost or destroyed, not when evidence is only concealed from the complaining party. We hold that the tort of fraudulent...

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