RGS CONTRACTORS, INC. v. GC BUILDERS, INC.

No. 02-6167.

348 F.3d 897 (2003)

RGS CONTRACTORS, INC., Plaintiff-Appellant, v. GC BUILDERS, INC., a Texas corporation, Defendant, and GMAC Commercial Mortgage Corporation, a California corporation, Defendant-Third-Party-Plaintiff-Appellee, v. Anthony Gullo, an individual; Johnny Clark, an individual; the Department of Housing and Urban Development, Third-Party-Defendants.

United States Court of Appeals, Tenth Circuit.

November 4, 2003.


Attorney(s) appearing for the Case

Robert L. Magrini (Alan W. Bardell with him on the briefs) of Hayes & Magrini, Oklahoma City, OK, for Plaintiff-Appellant.

Michael D. Gray (James E. Britton with him on the brief) of Britton, Gray, Ramsey and McCutcheon, P.C., Oklahoma City, OK, for Defendant-Appellee.

Before BRISCOE, McKAY, and MURPHY, Circuit Judges.


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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