Estate of Mary B. Bull - Page 4




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          to restore the dwelling was $1,016,211.69, which included the               
          cost of an architect and building code upgrades.  A Chubb claims            
          specialist estimated that the cost of rebuilding other structures           
          (e.g., retaining walls, driveway, and patio) would be                       
          $129,413.11. During August 1992, Chubb and decedent entered into            
          a “Settlement Statement and Agreement to Rebuild At Same Location           
          (Subject to The Terms and Conditions of the Policy)”.  Under that           
          document, decedent made the choice to reconstruct or restore her            
          residence, and Chubb undertook the commitment to reimburse                  
          decedent for the restoration in an amount up to $1,299,346.94.              
          Chubb’s obligation under the agreement, however, was subject to             
          change (would be less) if decedent “[decided] not to replace part           
          of the building or other structures or if the cost of * * *                 
          construction is less” than estimated.  Chubb withheld a portion             
          of any amount due under the agreement to ensure compliance with             
          decedent’s agreement to reconstruct.  The agreement called for              
          release of reimbursement payments by Chubb in an incremental                
          manner:  One-third upon execution of the agreement, one-third               
          when the architect and/or contractor advised Chubb that the                 
          framing was completed, and one-third when presented with a notice           
          of occupancy by the city.                                                   
               During the summer of 1993, decedent entered into an                    
          agreement with Krueger to build a replacement residence on the              
          Manchester Drive land for a projected estimated price of                    






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