The defendant, Mer Mechanical Inc., moved for summary judgment, arguing that the plaintiffs' subrogated claim was barred by a builder's risk policy with a waiver of subrogation.
The policy covered "occurrence" if the "inception of the event causing the loss" occurred during the coverage period.
The loss resulted from a faucet detachment after the policy expired, which the defendant attributed to "creep/stress relaxation" during installation.
The court dismissed the motion, finding that the "inception of the event" (faucet detachment) occurred after the policy expired, distinguishing it from the "cause" (improper installation).
The court emphasized that builder's risk policies primarily cover ongoing construction, and the insurable interest ceases upon project completion.