The subcontractor defendant moved for summary judgment dismissing a negligence action arising from the collapse of a partially constructed riding arena.
The subcontractor argued it was an unnamed insured under the owner’s builder’s risk policy and that the policy’s waiver of subrogation barred the insurer’s subrogated claim.
The court held that the evidentiary record was insufficient to determine whether the subcontractor was an unnamed insured and whether the contractual matrix supported a waiver of subrogation.
The absence of evidence regarding contractual risk allocation and the defendants’ own insurance policies created genuine issues requiring a trial.
The motion for summary judgment was dismissed and the claim was permitted to proceed.
