Zurich American Insurance Co. v. Infrastructure Engineering, Inc.

Plaintiff, an insurance company, paid a claim to its insured for damage caused to a building during a construction project and then filed a lawsuit against a subcontractor alleging that the subcontractor was the cause of the water damage. The trial court granted defendant’s motion for summary judgment by finding that the plaintiff was not entitled to subrogate for the building owner. Plaintiff appealed and the appellate court reversed and remanded, finding that the requirements set forth in the insurance policy controlled the plaintiff’s right to subrogation and that it had established a right to subrogation pursuant to those terms. (McBRIDE and ELLIS, concurring)