This was a motion for summary judgment by the Plaintiff. The case concerned the partial loss of a cargo of logs being carried from Alaska to Powell River. It was common ground that the action by the Plaintiff was a subrogated action brought by the Plaintiff’s insurer. The Defendants alleged, inter alia, that the Plaintiff’s insurer was precluded from bringing the action because the Defendants were an “insured” under the policy and because of the waiver of subrogation clause contained in the policy. The motions Judge reviewed and summarized the principles applicable to motions for summary judgment and noted particularly that summary judgment was not appropriate where there was conflicting evidence or issues of credibility. The motions Judge then concluded that the issue of whether the Defendant was an insured was too complex for summary judgment and dismissed the motion.