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ELLMEX CONST. CO., INC. v. REPUBLIC INS. CO.

202 N.J. Super. 195 (1985)

494 A.2d 339

ELLMEX CONSTRUCTION COMPANY, INC., A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, CROSS-RESPONDENT, v. REPUBLIC INSURANCE COMPANY, A CORPORATION OF THE STATE OF TEXAS, DEFENDANT-RESPONDENT, CROSS-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided June 17, 1985.

Attorney(s) appearing for the Case

Glenn A. Bergenfield argued the cause on behalf of appellant (Michael F. Chazkel, attorney; Glenn A. Bergenfield, of counsel and on the brief).

Leonard Rosenstein argued the cause on behalf of respondent (Feuerstein, Sachs Maitlin, Rosenstein & Flemming, attorneys; Leonard Rosenstein, on the brief.

Before Judges McELROY and SHEBELL.

The opinion of the court was delivered by McELROY, P.J.A.D.

Plaintiff-appellant (Ellmex) is a builder of residential homes and in May 1980 owned a model home situated on a residential tract it was developing in Wall Township. Defendant-cross-appellant (Republic) is an insurer which issued a "builder's risk" policy covering plaintiff's model home. On May 12, 1980 plaintiff discovered that the house had sustained extensive water damage. Apparently, vandals had stuffed...

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