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TELLEPSEN BUILDERS v. KENDALL/HEATON ASSO.

No. 01-08-00295-CV.

325 S.W.3d 692 (2010)

TELLEPSEN BUILDERS, L.P., Appellant, v. KENDALL/HEATON ASSOCIATES, INC. and CBM Engineers, Inc., Appellees.

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

April 15, 2010.

Attorney(s) appearing for the Case

Jacqueline S. Cooper , Michelle E. Roberson , Raymond Douglas Rees , Cooper & Scully, P.C., Dallas, TX, John Wesley Raley , Cooper & Scully, P.C., Houston, TX, for Appellant.

Bryan Rutherford , Gregory N. Ziegler , MacDonald Devin, P.C., Dallas, TX, John P. Cahill, Jr. , Hays, McConn, Rice & Pickering, P.C., Houston, TX, for Appellees.

Panel consists of Chief Justice RADACK and Justices BLAND and MASSENGALE.

OPINION

MICHAEL MASSENGALE, Justice.

Tellepsen Builders, L.P. appeals from summary judgments in favor of Kendall/Heaton Associates, Inc. and CBM Engineers, Inc. In its sole issue, Tellepsen asserts that the trial court erred by interpreting the term "property and equipment insurance" in a waiver-of-subrogation clause to include commercial general liability insurance. We reverse the summary judgments and remand for further proceedings.

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