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PHILLIPS HOME BUILDERS v. TRAVELERS INS.

No. 350, 1996.

700 A.2d 127 (1997)

PHILLIPS HOME BUILDERS, INC., a Delaware corporation, v. The TRAVELERS INSURANCE COMPANY, a Connecticut corporation, The Travelers Indemnity Company of Illinois, an Illinois corporation, The Travelers Indemnity Company, a Connecticut corporation, The Phoenix Insurance Company, a Connecticut Corporation, The Charter Oak Fire Insurance Company, a Connecticut corporation, The Travelers Indemnity Company of Rhode Island, a Rhode Island corporation, and The Travelers Indemnity Company of America, a Georgia corporation, Defendants Below, Appellees.

Supreme Court of Delaware.

Decided: September 10, 1997.

Rehearing Denied: October 3, 1997.

Attorney(s) appearing for the Case

C. Malcolm Cochran, IV (argued) and Jeffrey L. Moyer, of Richards, Layton & Finger, Wilmington, for Appellant.

Armand J. Della Porta, Jr., of Kelly, Jasons, McGuire & Spinelli, Wilmington; Thomas S. Brown (argued), of Hecker Brown Sherry and Johnson, Philadelphia, PA, of counsel, for Appellees.

Before VEASEY, C.J., WALSH, HOLLAND, HARTNETT and BERGER, JJ., constituting the Court en banc.

BERGER, Justice:

This is an insurance coverage case arising out of damages that occurred during the construction of a shopping center. The Superior Court construed the insurance policy and determined that the insured's loss was excluded from coverage. We find the relevant contract language ambiguous. Accordingly, following settled law governing the interpretation of insurance contracts, we apply the principle of contra proferentem and construe the policy provision...

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