Redstone International, Inc. v. Liberty Mutual Fire Insurance Company, et al.
In a West Virginia action a contractor sued its insurance broker for failure to procure adequate insurance, calling the failure to recognize and remedy the gaps in coverage created by the exclusion “obvious”. Under West Virginia law, expert testimony is required to allege a lack of professional skills. The Contractor failed to provide any expert testimony, arguing that it was not required in such an obvious breach of the duty of reasonable care. The court disagreed and granted summary judgment against the contractor, citing lengthy precedent showing that expert testimony is the only way to prove professional negligence in the state of West Virginia, as lay people are not necessarily equipped to decide what the duties and obligations of insurance brokers, and other professionals, are without the testimony of a qualified expert witness.