The Indiana Supreme Court is considering whether a third-party home restoration company can be held liable for spoliation and negligence after allegedly discarding certain evidence relating to a fire at an Indianapolis home, which was insured by Safeco Insurance Co.

Safeco’s counsel, Crystal G. Rowe, a senior partner at Kightlinger & Gray in New Albany, Indiana, asked the court for “a remedy, any remedy for the premature destruction of critical evidence,” allegedly by Michaelis Corp., which was retained to perform restoration work following a fire at one of its insured’s properties in 2019.