Fontana Builders, Inc. v. Assurance Company of America

¶ 70. (concurring). I agree with the majority that interpretation of the insurance polices at issue presents a question of law. Majority op., ¶ 5. I also agree that Fontana Builders, Inc. (Fontana) had a reasonable expectation that the builder's risk policy would persist while construction continued.

¶ 71. Further, I share the majority's concern over potential purchasers being able to unilaterally termi*534nate a builder's risk policy and agree that Fontana's builder's risk policy covered a different interest in the property than the Accolas' homeowner's policy from Chubb Insurance Co. (Chubb).…