[¶ 1] American National Fire Insurance Company, as subrogee of United Crane & Excavation, appeals from a summary judgment dismissing its subrogation action against Gary Hughes. We hold American National is not entitled to subro-gation from Hughes because for purposes of subrogation he was not a third party but an implied co-insured under American National’s insurance policy with United Crane. We affirm.
I
[¶ 2] United Crane was a closely held corporation engaged in demolition work, bridge construction, and installation of underground water and sewer lines. Hughes’ parents owned all the stock of United Crane, and he was an employee and officer of United Crane, acting as its director and vice president. American National insured United Crane under a “BUSINESSPRO” mono line property policy that designated United Crane as the insured and provided coverage for physical damage to its scheduled vehicles and equipment. The policy did not provide liability coverage for the scheduled property and did not explicitly designate United Crane’s owners, officers, or employees as insureds.
[¶ 8] During nonbusiness hours on Saturday, January 13, 2001, Hughes was using United Crane’s tools at its shop to do mechanical work on his personal snowmobile. Hughes’ snowmobile was not used for United Crane’s business and was not listed as scheduled property under American National’s policy with United Crane. Hughes was using a shop vac to remove gasoline from his snowmobile’s gas tank when a spark ignited the gasoline and caused a fire that damaged vehicles and equipment insured under American National’s policy with United Crane. American National paid United Crane more than $250,000 for damage to property covered under the policy.
[¶ 4] American National thereafter brought this subrogation action against Hughes, alleging his negligence caused the damage to United Crane’s property. The trial court granted Hughes summary judgment dismissal of American National’s subrogation action against him, concluding he was an additional insured under American National’s policy with United Crane. American National appealed.
II
[¶ 5] We review this appeal in the posture of summary judgment, which is a procedure for resolving a controversy on the merits without a trial if the evidence establishes there are no genuine issues of material fact, or inferences to be drawn from undisputed facts, and if the evidence shows a party is entitled to judgment as a matter of law.
Bender v. Aviko USA L.L.C.,
Ill
[¶ 6] American National argues the trial court erred in deciding Hughes was an additional insured under its insurance policy with United Crane, because Hughes was not acting within the scope of his employment for United Crane when the fire occurred. American National argues there is a factual dispute about whether Hughes was acting within the scope of his employment when the fire occurred. American National argues the court erred in relying on a factually distinguishable out-of-state case,
see Fireman’s Ins. Co. v. Wheeler,
[¶7] Under the doctrine of re-spondeat superior, an employer is vicariously liable for the negligence of its employees while the employees are acting within the scope of their employment.
Nelson v. Gillette,
[¶ 8] Subrogation is an equitable remedy which provides for an adjustment between parties to secure the ultimate discharge of a debt by the person who, in equity and good conscience, ought to pay for it.
St. Paul Fire & Marine Ins. Co. v. Amerada Hess Corp.,
[¶ 9] In
Homelvig,
[¶ 10] Other courts have rejected sub-rogation claims in cases involving other relationships between the insured and a third party.
See Bottomly,
[¶ 11] In
Wheeler,
[¶ 12] The court held equitable principles and public policy precluded the insurer from obtaining subrogation from the president and principal shareholder of the insured.
Wheeler,
[¶ 13] The court also explained that subrogation was precluded by the public policy for averting potential conflicts of interest.
Wheeler,
[Defendant, as the principal officer of the named insured corporation and with which he presumably is fully united in economic interest, has been placed in the dilemma of having to furnish the necessary information and to fully cooperate in plaintiffs efforts to recover the loss from him personally or forfeit his corporation’s policy right to indemnity for the loss. We conclude that the compromise of the integrity of the insurer’s relationship with its insured and the potential conflict of interest inherent in this dilemma forced upon defendant by plaintiff require denial of plaintiffs right of subrogation here.
Id.
[¶ 14] The relationship between United Crane and Hughes is not identical to the relationship between the corporation and its president and principal shareholder in Wheeler. Moreover, the Wheeler decision does not state whether the alleged negligence by the corporation’s president and principal shareholder occurred within the scope of his employment, and there is a dearth of authority regarding the effect of corporate acts within or outside the scope of employment on a claim for subro-gation. We conclude, however, the rationale of Wheeler precludes subrogation in a case where United Crane permitted Hughes and its corporate officers and owners to use its shop for work on their snowmobiles.
*336 [¶ 15] American National’s policy designated United Crane as the insured and did not name Hughes, or any other individuals associated with United Crane, as additional insureds. American National’s policy included a “CONTRACTOR’S EQUIPMENT SCHEDULED COVERAGE FORM,” which provided coverage for “ ‘loss’ to Covered Property from any of the Covered Causes of Loss.” The policy defined “Covered Causes of Loss” to mean “Risks of Direct Physical ‘Loss’ to the Covered Property except those causes of ‘loss’ listed in the Exclusions.” The policy excluded coverage for losses caused by governmental action, nuclear hazard, and war and military action. The policy also explicitly excluded coverage for losses resulting from dishonest acts by United Crane’s employees or authorized representatives whether or not the acts occurred during the hours of employment. However, the policy did not exclude coverage for losses resulting from acts outside the scope of employment of an officer, owner, or employee of United Crane.
[¶ 16] A corporation is an artificial entity which can act only through its agents.
United Accounts, Inc. v. Teladvantage, Inc.,
[¶ 17] Hughes’ alleged negligence may not have been within the scope of his employment, and for purposes of summary judgment, we assume, without deciding, that he was acting outside the scope of his employment. However, the resolution of that factual issue will not alter the result in this case, because United Crane undis-putedly permitted its corporate owners and officers to use its shop to work on their snowmobiles during business and nonbusiness hours. American National insured United Crane for property damage to scheduled vehicles and equipment, which included a risk of loss for negligence by United Crane’s corporate officers and employees. Under these circumstances and in the absence of a claim of fraud or a provision specifically excluding coverage for acts by officers or employees outside the scope of their employment, the relationship between United Crane and Hughes is such that allowing subrogation against Hughes for his alleged negligence would permit American National to sue its insured for the very risk that American National insured and for which it received premiums. We conclude that result would be inequitable.
[¶ 18] We also conclude the public policy for averting potential conflicts of interest applies to this case.
See Wheeler,
IV
[¶ 19] We conclude the undisputed material facts in this case establish Hughes was, for purposes of the subrogation claim, an implied co-insured under American National’s policy with United Crane, and American National is precluded from obtaining subrogation from Hughes. We affirm the summary judgment.
