Mealey's ( April 12, 2023, 10:35 AM EDT) -- SEATTLE— A Washington appeals court held that although an insured owed a contractual duty to the Washington State Department of Transportation to preserve evidence relating to a change order request, it had no duty to its builders risk insurers and, therefore, the insurers are not entitled to an adverse inference jury instruction as a sanction in a coverage lawsuit stemming from damage to a tunnel boring machine used in the construction of the State Route 99 tunnel....