Tri-Coastal Contractors, Inc. v. Hartford Underwriters Insurance Co.

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., appel-lee 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 our earlier opinion, and issue this one in its stead. We reverse and render judgment for Tri-Coastal.

Background

Hartford issued an…