America's Dream Homes, Inc. v. Insurance Co. of America

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 in June, 1993, this coverage was provided under a “reporting form” policy.

The policy provides in part:

4. REPORTING PROVISIONS:

a.…