St. Paul Fire & Marine Ins. Co. v. L.E.S. Subsurface Plumbing Co., Inc. (266 AD2d 139 [1st Dept 1999]) was a subrogation action involving a burst water pipe during construction. The insurer (once again, St. Paul), sought indemnification from a subcontractor who was named as an additional insured on a builder's risk insurance policy. The builder's risk insurance policy contained an endorsement, much like the instant Policy, providing for insurance coverage for the financial interests of the subcontractors for a loss as to "all materials, supplies, equipment and machinery intended for use in and to become a permanent part of construction work" (266 AD2d at 139 - 140). The Appellate Division determined that, because subcontractor L.E.S. Subsurface Plumbing Co., Inc. did not have an insurable interest in the property that was the subject of the loss, St. Paul was not barred by the doctrine of antisubrogation from seeking indemnification from the additional insured.