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TRI-COASTAL CONT., INC. v. HARTFORD UNDERWRITERS INS. CO.

No. 01-97-00618-CV.

981 S.W.2d 861 (1998)

TRI-COASTAL CONTRACTORS, INC., Appellant, v. HARTFORD UNDERWRITERS INSURANCE CO., Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Overruled January 11, 1999.

Attorney(s) appearing for the Case

Raymond H. Stauffacher, Jr., Houston, for Appellant.

Fred A. Simpson, Houston, for Appellee.

Before O'CONNOR, TAFT and SMITH, JJ.

OPINION ON MOTION FOR REHEARING

O'CONNOR, Justice.

Tri-Coastal Contractors, Inc., appellant here and defendant below, appeals from the granting of summary judgment in favor of Hartford Underwriters Insurance Co., appellee and plaintiff below. The issue is whether the trial court can consider information outside the petition and the insurance policy in determining the duty to defend. We hold it cannot. On motion for rehearing, we overrule the motion, withdraw...

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