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WATER STREET DEV. v. J.W. CORR AGENCY

No. 86-272 Appeal.

539 A.2d 967 (1988)

WATER STREET DEVELOPMENT, LTD. v. J.W. CORR AGENCY, INC. and Aetna Casualty and Surety Company.

Supreme Court of Rhode Island.

April 1, 1988.

Attorney(s) appearing for the Case

Louis DeSimone, Jr., A. Brosco, Brosco & Brosco, Providence, for plaintiff.

Mark Hadden, Gildey, Lovegreen & Sarli, James J. McKenna, Howard E. Walker, Hinckley, Allen, Tobin & Silverstein, Providence, for defendant.

OPINION

KELLEHER, Justice.

These cross-appeals by the plaintiff and its insurer concern the insurer's refusal to pay on a builder's risk fire insurance policy that covered the plaintiff's restaurant against loss while it was under construction. The insurer denied liability on the plaintiff's claim for a fire loss because the plaintiff had allegedly "occupied" the premises in violation of the insurance contract....

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