A Delaware court held that a property insurer did not breach its policy issued to a farm when it refused to cover the collapse of a chicken coop during a blizzard because it justifiably relied on expert reports indicating that the destruction was caused by snow and faulty construction which were exclusions under the policy.
One is entitled to rely on a third party expert opinion provided it is not clearly wrong on the face of it.
After the blizzard the company sent an engineer to assess the damage and after several hours of inspection the expert concluded that the collapse was attributable to heavy snow accumulation on the building’s roof.
A second engineer was sent out who concluded that the collapse was caused by faulty design of the structures supporting the roof trusses. The claim was rejected on both grounds.
The court held that the insurer was entitled to rely on the experts’ conclusions when it issued letters denying liability.
In law one is entitled to rely on a third party expert opinion provided it is not clearly wrong on the face of it.