Water Street Development, Ltd. v. J.W. Corr Agency, Inc.

OPINION

KELLEHER, Justice.

These cross-appeals by the plaintiff and its insurer concern the insurer’s refusal to pay on a builder’s risk fire insurance policy that covered the plaintiff’s restaurant against loss while it was under construction. The insurer denied liability on the plaintiff’s claim for a fire loss because the *968plaintiff had allegedly “occupied” the premises in violation of the insurance contract. The other defendant, J.W. Corr Agency, Inc., sold the policy to the plaintiff. Hereafter we shall refer to the plaintiff as Water Street, the insurer as Aetna, and the defendant J.W.…