McKAY, Circuit Judge.
On December 1, 1997, Appellant RGS (contractor) and GC (owner) entered into a written Construction Contract Costs Plus for Appellant to build a project called the Apache Trace Apartments [Project]. Appellee GMAC provided the mortgage and HUD insured the loan. Appellant contractor maintained a builder's risk insurance policy through Kemper Insurance which premium was reimbursed by GC. Appellant is the "named insured" under the policy, and Appellee...
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