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GILBERT TEXAS CONST., L.P. v. UNDERWRITERS

No. 08-0246.

327 S.W.3d 118 (2010)

GILBERT TEXAS CONSTRUCTION, L.P., Petitioner, v. UNDERWRITERS AT LLOYD'S LONDON, Respondent.

Supreme Court of Texas.

Decided December 17, 2010.

Attorney(s) appearing for the Case

Linda Jene Burgess , Craig T. Enoch , Winstead PC, Lee H. Shidlofsky , Douglas Paul Skelley , Visser Shidlofsky LLP, Austin, Andrew T. McKinney , McKinney & Cooper, L.L.P., Houston, for Petitioner.

Glenn Richard Legge , Alexander C. Papandreou , Karen Ann Conticello , Legge Farrow Kimmitt McGrath & Brown, LLP, Houston, for Respondent.

Claude Stuart III , Phelps Dunbar , Houston, for Amicus Curiae.

Patrick J. Wielinski , for Associated General Contractors of America, American Contractors Ins. Group, Ltd.

Micah Ethan Skidmore , for United Policyholders.

Timothy Poteet , for Texas Association of Defense Counsel.

Justice JOHNSON delivered the opinion of the Court.

We deny Gilbert Texas Construction's motion for rehearing. We withdraw our opinion of June 4, 2010 and substitute the following in its place.

During a Dallas Area Rapid Transit Authority (DART) construction project, unusually heavy rains resulted in water damage to a building adjacent to the construction site. The owner of the building sued DART and its contractors, alleging that construction activities caused...

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