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AMERICA'S DREAM HOMES, INC. v. INS. CO. OF AMERICA

300 N.J. Super. 543 (1997)

AMERICA'S DREAM HOMES, INC., A NEW JERSEY CORPORATION, PLAINTIFF-RESPONDENT, v. THE INSURANCE COMPANY OF AMERICA, HOME BUILDERS INSURANCE SERVICE, INC., AND YOUNG & PERRY INSURANCE, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided May 12, 1997.

Attorney(s) appearing for the Case

McElroy, Deutsch & Mulvaney, attorneys for appellants (James Lisovicz and Gary S. Kull, of counsel; Mr. Kull, on the brief).

Cole, Schotz, Meisel, Forman & Leonard, attorneys for respondent (Steven R. Klein, of counsel; Mr. Klein and Luis Salazar, on the brief).

Before Judges LANDAU and WALLACE and KIMMELMAN.

The opinion of the court was delivered by LANDAU, J.A.D.

Plaintiff America's Dream Homes, Inc. (ADH), is a developer of affordable housing in Newark. Defendants The Insurance Company of America, and Home Builders Insurance Services, Inc. (collectively "the Insurers") provided builder's risk insurance to ADH for direct physical loss or damage (including theft) to houses and contents as constructed, prior to their conveyance or lease to prospective occupants. Commencing...

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