The defendant subcontractor moved for summary judgment to dismiss a subrogated claim brought by the plaintiffs' insurer for damages to a cooling unit during construction.
The plaintiffs had cancelled the Builder's Risk Policy prior to the loss, arguing the premises were being used or occupied.
The court found no genuine issue requiring a trial, as the evidence established that occupancy was legally impermissible without a permit, which had not been issued at the time of cancellation.
The plaintiffs breached their covenant to insure the defendant, barring the subrogated action.
The motion for summary judgment was granted and the claim dismissed.
