The sprinkler system's piping froze and broke. The escaping water destroyed the gym floor beneath it. Brotherhood Mutual paid the loss and then sued Michiana Contracting that had installed the sprinkler system as part of its contract to build Plymouth Wesleyan's entire gym, student center, and classroom expansion.
The contract between Michiana and Plymouth Wesleyan included a mutual waiver of subrogation for all work that Michiana performed. However, Brotherhood argued that the waiver did not apply to the damage to the gym's flooring because the members of Plymouth installed the flooring. Click here to learn how the court ruled.