Insurers and claims professionals are uniquely situated to hear about incidents and situations before they become claims.  Indeed insureds are encouraged to notify insurers as soon as there is any reasonable suspicion that a claim may be made.  Coincidentally, this same thought process may simultaneously trigger the obligation to preserve related information and documents, including electronically stored information.  Given the heightened scrutiny expected as a result of some upcoming changes to procedural rules, insurers and claims professionals may want to redouble their efforts to advise their clients early on of the obligation to preserve relevant hard-copy and electronically stored information when claims are anticipated.

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