International Risk Control, LLC v. Seascape Owners Association, Inc.

SUBSTITUTE OPINION

ADELE HEDGES, Chief Justice.

We issued an opinion in this case on January 8, 2013, reversing the trial court’s summary judgment and remanding for additional proceedings. Appellee subsequently filed a motion for rehearing. Without changing our previous disposition, we deny the motion for rehearing, withdraw our earlier opinion, and issue this substitute opinion in its place.

BACKGROUND

Seascape Owners Association, Inc. (“Seascape”) is the managing corporation of a large condominium complex on Galveston Island. In September 2008, following the torrent of Hurricane Ike, many units…