Insurance Company with No Document Retention Policy

Question: Is it bad faith for the insurance company to destroy client’s recorded initial phone call to the claims department? Is it bad faith for them to regularly destroy calls after 90 days without a written document retention policy?

Answer: If a jury believes they really don’t have a written retention policy, I think the jury will find them stupid, but probably not in bad faith. If you can make this into something more sinister, it might make a jury really mad.